StP 


DEPARTMENT  OF  THE  INTERIOR 
\  GENERAL  LAND  OFFICE 


REGULATIONS 


CONCERNING 


RIGHT    OF    WAY    OVER    PUBLIC 
LANDS  AND  RESERVATIONS 


FOR 


CANALS,  DITCHES,  AND  RESERVOIRS 


AND 


USE  OF  RIGHT  OF  WAY  FOR  VARIOUS  PURPOSES 


APPROVED  JUNE  6,  1908 


(Reprint  October,  1915,  with  amendments  of  May  7,  1913,  November  16,  1912,  and 

June  18,  1915.) 


UNIVERSITY  OF  CALIFORNIA 
LOS  ANGELES 


DEC    7 ',352 


WASHINGTON 

JOVKRNA1EXT   PRINTING  OFFICE 
1915 


REGULATIONS  FOR  RIGHTS  OF  WAY  OVER 
PUBLIC  LANDS  AND  RESERVATIONS. 


CANALS.  DITCHES,  AND  RESERVOIRS. 

1.  General  statement. — Sections  18,  19,  20,  and  21  of  the  act  of 
Congress  approved  March  3,  1891  (26  Stat.,  1095),  entitled  "An  act  to 
repeal  timber-culture  laws,  and  for  other  purposes,"  grant  the  right 
of  way  through  the  public  lands  and  reservations  of  the  United  States 
for  the  use  of  canals,  ditches,  or  reservoirs  heretofore  or  hereafter  con- 
structed by  corporations,  individuals,  or  associations  of  individuals. 
If  the  right  of  way  is  upon  a  reservation  not  within  the  jurisdiction 
of  the  Interior  Department,  the  application  must  be  filed  in  accord- 
ance with  these  regulations,  and  will  be  submitted  to  the  Department 
having  jurisdiction.  A  map  and  field  notes  of  the  portion  within 
any  reservation,  except  in  the  case  of  a  national  forest,  must  be  sub- 
mitted in  addition  to  the  duplicates  required  herein.  All  maps  and 
field  notes  must  conform  to  the  provisions  of  this  circular. 

The  sections  above  noted  read  as  follows: 

SEC.  18.  That  the  right  of  way  through  the  public  lands  and  reservations  of  the  United 
States  is  hereby  granted  to  any  canal  or  ditch  company  formed  for  the  purpose  of  irriga- 
tion, and  duly  organized  under  the  laws  of  any  State  or  Territory,  which  shall  have  filed 
or  may  hereafter  file  with  the  Secretary  of  the  Interior  a  copy  of  its  articles  of  incor- 
poration and  due  proofs  of  its  organization  under  the  same  to  the  extent  of  the  ground 
occupied  by  the  water  of  the  reservoir  and  of  the  canal  and  its  laterals,  and  fifty  feet 
on  each  side  of  the  marginal  limits  thereof;  also  the  right  to  take  from  the  public  lands 
adjacent  to  the  line  of  the  canal  or  ditch,  material,  earth,  and  stone  necessary  for  the 
construction  of  such  canal  or  ditch:  Provided,  That  no  such  right  of  way  shall  be  so 
located  as  to  interfere  with  the  proper  occupation  by  the  Government  of  any  such 
reservation,  and  all  maps  of  location  shall  be  subject  to  the  approval  of  the  Department 
of  the  Government  having  jurisdiction  of  such  reservation,  and  the  privilege  herein 
granted  shall  not  be  construed  to  interfere  with  the  control  of  water  for  irrigation  and 
other  purposes  under  authority  of  the  respective  States  or  Territories. 

SEC.  19.  That  any  canal  or  ditch  company  desiring  to  secure  the  benefits  of  this 
act  shall,  within  twelve  months  after  the  location  of  ten  miles  of  its  canal,  if  the  same 
be  upon  surveyed  lands,  and  if  upon  unsurveyed  lands  within  twelve  months  after 
the  survey  thereof  by  the  United  States,  file  with  the  register  of  the  land  office  for  the 
district  where  such  land  is  located  a  map  of  its  canal  or  ditch  and  reservoir;  and  upon 
the  approval  thereof  by  the  Secretary  of  the  Interior  the  same  shall  be  noted  upon 
the  plats  in  said  office,  and  thereafter  all  such  lands  over  which  such  rights  of  way 
shall  pass  shall  be  disposed  of  subject  to  such  right  of  way.  Whenever  any  person 
or  corporation,  in  the  construction  of  any  canal,  ditch,  or  reservoir  injures  or  damages 
the  possession  of  any  settler  on  the  public  domain,  the  party  committing  such  injury 
or  damage  shall  be  liable  to  the  party  injured  for  such  injury  or  damage. 

SEC.  20.  That  the  provisions  of  this  act  shall  apply  to  all  canals,  ditches,  or  reser- 
voirs heretofore  or  hereafter  constructed,  whether  constructed  by  corporations,  indi- 
viduals, or  association  of  Individuals,  on  the  filing  of  the  certificates  and  maps  herein 
provided  for.  If  such  ditch,  canal,  or  reservoir  has  been  or  shall  be  constructed  by 
an  individual  or  association  of  individuals,  it  shall  be  sufficient  for  such  individual  or 


4  EIGHT   OF    WAY  OVER  PUBLIC    LANDS. 

association  of  individuals  to  file  with  the  Secretary  of  the  Interior  and  •with  the  register 
of  the  land  office  where  said  land  is  located  a  map  of  the  line  of  such  canal,  ditch,  or 
reservoir,  as  in  case  of  a  corporation,  with  the  name  of  the  individual  owner  or  owners 
thereof,  together  with  the  articles  of  association,  if  any  there  be.  Plats  heretofore 
filed  shall  have  the  benefits  of  this  act  from  the  date  of  their  filing,  as  though  filed 
under  it:  Provided,  That  if  any  section  of  said  canal  or  ditch  shall  not  be  completed 
within  five  years  after  the  location  of  .said  section  the  rights  herein  granted  shall  be 
forfeited  as  to  any  uncompleted  section  of  said  canal,  ditch,  or  reservoir,  to  the  extent 
that  the  same  is  not  completed  at  the  date  of  the  forfeiture. 

SEC.  21.  That  nothing  in  this  act  shall  authorize  such  canal  or  ditch  company  to 
occupy  such  right  of  way  except  for  the  purpose  of  said  canal  or  ditch,  and  then  only 
so  far  as  may  be  necessary  for  the  construction,  maintenance,  and  care  of  said  canal 
or  ditch. 

2.  Material  on  adjacent  lands. — The  word  adjacent,  as  used  in  sec- 
tion 18  of  the  act,  in  connection  with  the  right  to  take  material  for 
construction  from  the  public  lands,  must  be  construed  according  to 
the  conditions  of  each  case  (28  L.  D.,  439).  The  right  extends  only  to 
construction,  and  no  public  timber  or  material  may  be  taken  or  used 
for  repair  or  improvements  (14  L.  D.,  566).  These  decisions  were 
rendered  under  the  railroad  right-of-way  act,  and  are  applied  to  this 
act  since  the  words  are  the  same  in  both 

Section  2  of  the  act  approved  May  11,  1898  (30  Stat.,  404),  entitled 
"An  act  to  amend  an  act  to  permit  the  use  of  the  right  of  way  through 
public  lands  for  tramroads,  canals,  and  reservoirs,  and  for  other 
purposes/'  authorizes  the  use  of  rights  of  way  granted  under  the  act 
of  1891  for  purposes  subsidiary  to  the  main  purpose  of  irrigation. 
The  language  of  said  section  is  as  follows: 

SEC.  2.  That  rights  of  way  for  ditches,  canals,  or  reservoirs  heretofore  or  hereafter 


approved  under  the  provisions  of  sections  eighteen,  nineteen,  twenty,  and  twenty-one 
of  the  act  entitled  "An  act  to  repeal  timber-culture  laws,  and  for  other  purposes,'' 
approved  March  third,  eighteen  hundred  and  ninety-one,  may  be  used  for  purposes 
01  a  public  nature;  and  said  rights  of  way  may  be  used  for  purposes  of  water  transpor- 
tation, for  domestic  purposes,  or  for  the  development  of  power,  as  subsidiary  to  the 
main  purpose  of  irrigation. 

3.  Control  of  water. — "While  these  acts  grant  rights  of  way  over  the 
public  lands  necessary  to  the  maintenance  and  use  of  ditches,  canals, 
and  reservoirs,  the  control  of  the  flow  and  use  of  the  water  is,  so  far 
as  this  act  is  concerned,  vested  in  the  States  or  Territories,  the  juris- 
diction of  the  Department  of  the  Interior  being  limited  to  the  approval 
of  maps  carrying  the  right  of  way  over  the  public  lands.     If  the  right 
of  way  applied  for  under  this  act  in  any  wise  involves  the  appropria- 
tion of  natural  sources  of  water  supply,  the  damming  of  rivers,  or 
the  use  of  lakes,  the  maps  should  be  accompanied  by  proof  that  the 
plans  and  purposes  of  the  projectors  have  been  regularly  submitted 
and  approved  in  accordance  with  the  local  laws  or  customs  govern- 
ing the  use  of  water  in  the  State  or  Territory  in  which  such  right  of 
way  is  located.     No  general  rule  can  be  adopted  in  regard  to  this 
matter.     Each  case  must  rest  upon  the  showing  filed. 

4.  Nature  of  grant. — The  right  granted  is  not  in  the  nature  of  a 
grant  of  lands,  but  is  a  base  or  qualified  fee.     The  possession  and 
right  of  use  of  the  lands  are  given  for  the  purposes  contemplated  by 
law,  but  a  reversionary  interest  remains  in  the  United  States,  to  be 
conveyed  by  it  to  the  person  to  whom  the  land  may  be  patented, 
whose  rights  will  be  subject  to  those  of  the  grantee  of  the  right  of 
wav.     All  persons  settling  on  a  tract  of  public  land,  to  part  of  which 
rigfit  of  way  has  attached  for  a  canal,  ditch,  or  reservoir,  take  the 
land  subject  to  such  right  of  way,  and  at  the  total  area  of  the  subcli- 


RIGHT   OF    WAY   OVER   PUBLIC   LANDS.  5 

• 

vision  entered,  there  being  no  authority  to  make  deduction  in  such 
cases.  If  a  settler  has  a  valid  claim  to  land  existing  at  the  date  of 
the  filing  of  the  map  of  definite  location,  his  right  is  superior,  and  he 
is  entitled  to  such  reasonable  measure  of  damages  for  right  of  way 
as  may  be  determined  upon  by  agreement  or  in  the  courts,  the  ques- 
tion being  one  that  does  not  fall  within  the  jurisdiction  of  this  Depart- 
ment. Section  21  of  the  act  of  March  3,  1891,  provides  that  the 
grant  of  a  right  of  way  for  a  canal,  ditch,  or  reservoir  does  not  neces- 
sarily carry  with  it  a  right  to  the  use  of  land  50  feet  on  each  side,  but 
only  such  land  may  be  used  as  is  necessary  for  construction,  main- 
tenance, and  care  of  the  canal,  ditch,  or  reservoir.  The  width  is  not 
specified. 

5.  Right   of  way  through  national  forests. — Whenever  a  right  of 
way  is  through  a  national  forest,  the  applicant  must  enter  into  such 
stipulation  and  execute  such  bond  as  the  Forest  Service  may  require 
for  the  protection  of  such  national  forest.     No  construction  will  be 
allowed  in  a  national  forest  until  an  application  for  right  of  way 
has  been  regularly  filed  and  approved  by  the  Secretary  of  the  Inte- 
rior, or  unless  permission  for  such  construction  work  has  been  spe- 
cifically given. 

6.  Right  of  way  through  proposed  national  forest. — If  the  right  of 
way  is  through  land  within  a  proposed  national  forest,  the  appli- 
cant must  file  the  following  stipulations  under  seal: 

(a)  That  the  proposed  right  of  way  is  not  so  located  as  to  inter- 
fere with  the  proper  occupation  and  use  of  the  reservation  by  the 
Government. 

(6)  That  the  applicant  will  cut  no  timber  from  the  reserve  outside 
the  right  of  way,  and  will  remove  no  timber  from  the  land  within 
the  right  of  way  except  such  as  is  rendered  necessary  for  the  proper 
use  and  enjoyment  of  the  privilege  for  which  application  is  made. 

(c)  That  he  will  remove  from  the  reservation,  or  destroy,  under 
such  safeguards  as  may  be  deemed  necessary  by  the  General  Land 
Office,  all  standing,  fallen,  and  dead  timber,  as  well  as  all  tops,  lops, 
brush,  and  refuse  cuttings  on  the  right  of  way,  for  such  distance  on 
each  side  of   the  central  line  as  may  be  required  by  the  General 
Land  Office  to  protect  the  forest  from  fire. 

(d)  That  the  applicant  will  furnish  free  of  charge  such  assistance 
in  men  and  material  for  fighting  fires  as  may  be  spared  without 
serious  injury  to  the  applicant's  business. 

(e)  That  should  any  portion  of  said  right  of  way  be  included  in  a 
National  Forest,  the  applicant  will  build  new  roads,  trails,  and  cross- 
ings, as  required  by  the  Forest  Service,  in  case  any  roads  or  trails 
are  destroyed  or  intercepted  by  construction  work  or  flooding  upon 
said  right  of  way. 

The  applicant  will  also  be  required  to  give  bond  to  be  approved 
by  the  Commissioner  of  the  General  Land  Office,  stipulating  that  the 
United  States  will  be  compensated  "for  any  and  all  damage  to  the 
public  lands,  timber,  natural  curiosities,  or  other  public  property  on 
such  reservation,  or  upon  the  lands  of  the  United  States,  by  reason 
of  such  use  and  occupation  of  the  reserve,  regardless  of  the  cause  or 
circumstances  under  which  such  damage  may  occur."  A  bond  fur- 
nished by  any  surety  company  that  has  complied  with  the  provisions 
of  the  act  of  August  13,  1894  (28  Stat.,  279),  will  be  accepted.  The 
amount  of  the  bond  can  not  be  fixed  until  the  application  has  been 


6  EIGHT    OF   WAY   OVER   PUBLIC    LANDS. 

submitted  to  the  General  Land  Office,  when  a  form  of  bond  will  be 
furnished  and  the  amount  thereof  fixed. 

7.  Eight  of  way  partly  on  unsurveyed  land. — Canals,  ditches,  or 
reservoirs  lying  partly  upon  unsurveyed  land  can  be  approved  if  the 
application  and  accompanying  maps  and  papers  conform  to  these 
regulations,  but  the  approval  will  only  relate  to  that  portion  trav- 
ersing the  surveyed  lands.     (For  right  of  way  wholly  on  unsurveyed 
land,  see  section  17.) 

8.  Application  by  corporation. — An  incorporated  company  desiring 
to  obtain  the  benefits  or  the  law  must  file  the  papers  and  maps  speci- 
fied below  with  the  register  of  the  land  district  in  which  the  canal, 
ditch,  or  reservoir  is  to  be  located.     These  papers  and  maps  will  be 
forwarded  to  the  General  Land  Office,  and,  after  examination,  they 
will  be  submitted  to  the.  Secretary  of  the  Interior  with  recommenda- 
tion as  to  their  approval: 

(a)1  A  copy  of  its  articles  of  incorporation,  duly  certified  to  by 
the  proper  officers  of  the  company  under  its  corporate  seal,  or  by  the 
secretary  of  the  State  or  Territory  where  organized. 

(6)  A  copy  of  the  State  or  Territorial  law  under  which  the  com- 
pany was  organized  (if  it  was  organized  under  State  or  Territorial 
law),  with  certificate  of  the  governor  or  secretary  of  the  State  or 
Territory,  under  seal,  that  the  same  was  the  law  at  the  date  of 
incorporation.  (See  paragraph  7c  of  this  section.) 

(c)  If  the  State  or  Territorial  law  directs  that  the  articles  of  incor- 
poration or  other  papers  connected  with  the  organization  be  filed 
with  any  State  or  Territorial  officer,  there  must  be  submitted  the 
certificate  of  such  officer  that  the  same  have  been  filed  according  to 
law,  and  giving  the  date  of  the  filing  thereof. 

(d)  When  a  company  is  operating  in  a  State  or  Territory  other 
than  that  in  which  it  is  incorporated,  it  must  submit  the  certificate 
of  the  proper  officer  of  the  State  or  Territory  that  it  has  complied 
with  the  laws  of  that  State  or  Territory  governing  foreign  corporations 
to  the  extent  required  to  entitle  the  company  to  operate  in  such 
State  or  Territory. 

No  forms  are  prescribed  for  the  above  portion  of  the  "due  proofs  " 
required,  as  each  case  must  be  governed  to  some  extent  by  the  laws 
of  the  State  or  Territory. 

(e)  The  official  statement,  by  the  proper  officer,  under  the  seal  of 
the  company,  that  the  organization  has  been  completed,  that  the 
company  is  fully  authorized  to  proceed  with  construction  according 
to  the  existing  law  of  the  State  or  Territory  in  which  it  is  incorporated, 
and  that  the  copy  of  the  articles  filed  is  true  and  correct.     (See  Form 
1,1x25.) 

(/) 1 A  true  list,  signed  by  the  president,  under  the  seal  of  the  com- 
pany, showing  the  names  and  designations  of  its  officers  at  the  date  of 
the  filing  of  the  proofs.  (See  Form  2,  p.  25.) 

(gr)  A  copy  of  the  company's  title  or  right  to  appropriate  the  water 
needed  for  its  canals,  ditches,  and  reservoirs,  certified  as  required  by 
the  State  or  Territorial  laws.  If  the  miner's  inch  is  the  unit  used  in 
such  title,  its  equivalent  in  cubic  feet  per  second  must  be  stated.  If 
the  right  to  appropriate  the  water  has  not  been  adjudicated  under  the 
local  laws,  a  certified  copy  of  the  notice  of  appropriation  will  be  suffi- 
cient. If  the  notice  of  appropriation  is  accompanied  by  a  map  of  the 
canal  or  reservoir  it  will  not  be  necessary  to  furnish  a  copy  of  the  map 

1  See  amendment,  p.  24. 


EIGHT   OF    WAY   OVER  PUBLIC   LANDS.  7 

where  the  notice  describes  the  location  sufficiently  to  identify  it  with 
the  canal  or  reservoir  for  which  the  right-of-way  application  is  made. 
If  the  water-right  claim  has  been  transferred  a  number  of  times  it  is  not 
necessary  to  furnish  a  copy  of  each  instrument  of  transfer;  an  abstract 
of  title  will  be  accepted. 

(h)  A  copy  of  the  State  or  Territorial  laws  governing  water  rights 
and  irrigation,  with  the  certificate  of  the  governor  or  secretary  of  the 
State  or  Territory  that  the  same  is  the  existing  law.  (See  paragraph 
Ic  of  this  section.) 

(i)  A  separate  statement  as  follows :  The  amount  of  water  flowing 
in  the  stream  supplying  the  canal,  ditch,  or  reservoir,  at  the  point  of 
diversion  or  damming,  during  the  preceding  year  or  years.  For  this 
purpose  it  will  be  necessary  to  give  the  maximum,  minimum,  and 
average  flow  in  cubic  feet  per  second  for  each  month  during  the  period 
for  which  records  are  available.  In  cases  of  reservoirs  of  5,000  acre- 
feet  capacity,  or  more,  or  of  ditches  of  100  cubic  feet  per  second 
capacity,  or  more,  the  amount  of  water,  in  acre-feet,  available  for 
storage  or  diversion,  and  the  amount  of  water  which  it  is  proposed  to 
divert  annually  from  the  stream  or  streams  affected,  with  the  period 
during  which  the  water  is  to  be  diverted.  The  length,  cross-section, 
grade,  and  capacity  of  the  ditches  to  be  constructed  and  the  character- 
istics of  each  ditch  as  affecting  the  flow  of  water.  The  surveyor  or 
engineer  of  the  applicant  must  certify  to  the  above,  and  must  certify 
that  all  available  records  (specifying  them),  official  and  otherwise, 
have  been  consulted.  If  there  is  no  well-defined  flow  which  can  be 
measured,  or  if  there  is  no  record  of  the  flow,  the  area  of  the  water- 
shed, average  annual  rainfall,  and  estimated  run-off  at  the  point  of 
diversion  or  damming  must  be  given. 

(?)  Maps,  field  notes,  and  other  papers,  as  hereinafter  required. 

(fc)  If  certified  copies  of  the  existing  laws  regarding  corporations 
and  irrigation,  and  of  new  laws  as  passed  from  time  to  time,  be  for- 
warded to  the  General  Land  Office  by  the  governor  or  secretary  of  the 
State  or  Territory,  the  applicant  may  file,  in  lieu  of  the  requirements 
of  paragraphs  &  and  7i  or  this  section,  a  certificate  of  the  governor  or 
secretary  of  state,  under  seal,  that  no  change  has  been  made  since  a 
given  date,  not  later  than  that  of  the  laws  last  forwarded. l 

9.  Application  ly  individuals. — Individuals  or  associations  of  indi- 
viduals making  applications  for  right  of  way  are  required  to  file  the 
information  called  for  in  paragraphs  g,  h,  i,  and  j  of  the  preceding  sec- 
tion.    Associations  of  individuals  must,  in  addition,  file  their  articles 
of  association;  if  there  be  none,  the  fact  must  be  stated  over  the  signa- 
ture of  each  member  of  the  association. 

10.  Field  notes. — Field  notes  of  the  surveys  must  be  filed  in  dupli- 
cate, separate  from  the  map,  and  in  such  form  that  they  may  be 
folded  for  filing.     Complete  field  notes  should  not  be  placed  on  the 
map,  but  the  following  data  should  be  shown  thereon:  (a)  The  station 
numbers  where  deflections  or  changes  of  numbering  occur;   (&)  station 
numbers  with  distances  to  corners  at  points  where  the  lines  of  the  pub- 
lic surveys  are  crossed,  and  (c)  the  linos  of  reference  of  initial  and 
terminal  points,  with  their  courses  and  distances.     Typewritten  field 
notes  with  clear  carbon  copies  are  preferred,  as  they  expedite  the 
examination  of  applications.     The  field  notes  should  contain,  in  addi- 
tion to  the  ordinary  records  of  surveys,  the  data  called  for  in  this  and 
in  the  following  sections.     They  should  state  which  line  of  the  canal 

1  See  additional  paragraph,  p.  24. 


8  EIGHT   OF   WAY   OVER  PUBLIC   LANDS. 

was  run — whether  middle  or  a  specified  side  line.  The  stations  or 
courses  should  be  numbered  in  the  field  notes  and  on  the  map.  The 
record  should  be  so  complete  that  from  it  the  surveys  could  be  accu- 
rately retraced  by  a  competent  surveyor  with  proper  instruments. 
The  field  notes  should  show  whether  the  lines  were  run  on  the  true  or 
the  magnetic  bearings,  and  if  run  on  magnetic  bearings  the  declination 
of  the  needle  and  date  of  determination  must  be  stated.  The  kind 
and  size  of  the  instrument  used  in  running  the  lines  and  its  minimum 
reading  on  the  horizontal  circle  should  be  noted.  The  line  of  survey 
should  be  that  of  the  actual  location  of  the  proposed  ditch  and,  as 
exactly  as  possible,  the  water  line  of  the  proposed  reservoir.  The 
method  of  running  the  grade  lines  of  canals  and  the  water  lines  of 
reservoirs  must  be  described. 

11.  Maps. — The  maps  filed  must  be   drawn  on  tracing  linen  in 
duplicate,  and  must  be  strictly  conformable  to  the  field  notes  of  the 
survey.     They  must  be  filed  in  the  land  office  for  the  district  in  which 
the  right  of  way  is  located;  but  if  the  right  of  way  is  located  in  more 
than  one  district,  duplicate  maps  arid  field  notes  need  be  filed  in  but 
one  district,  and  single  sets  in  the  others.     Other  canals,  ditches,  later- 
als, or  reservoirs  with  which  connections  are  made  must  be  shown, 
but  distinguished  from  those  for  which  right  of  way  is  desired  by  ink 
of  a  different  color. 

The  scale  of  the  map  should  be  2,000  feet  to  the  inch  in  the  case  of 
canals  or  ditches  and  1,000  feet  to  the  inch  in  the  case  of  reservoirs. 
The  scale  may,  however,  be  1,000  feet  to  the  inch  in  the  case  of  canals 
or  ditches  and  500  feet  to  the  inch  in  the  case  of  reservoirs  when  such 
a  scale  is  absolutely  necessary  to  properly  show  the  proposed  works. 

All  subdivisions  of  the  public  surveys  represented  on  the  map  should 
have  their  entire  boundaries  drawn,  and  on  all  lands  affected  by  the 
right  of  way  the  smallest  legal  subdivisions  (40-acre  tracts  and  lots) 
must  be  shown.  The  section,  township,  and  range  must  be  clearly 
marked  on  the  map. 

The  map  must  bear  a  statement  of  the  width  of  each  canal,  ditch, 
or  lateral  at  high-water  line.  If  not  of  uniform  width,  the  limits  of 
the  deviations  must  be  clearly  defined  on  the  map.  The  field  notes 
should  record  the  changes  in  such  a  manner  as  to  admit  of  exact  loca- 
tion on  the  ground.  In  the  case  of  a  pipe  line,  the  diameter  of  the  pipe 
should  be  stated.  The  map  must  show  the  source  of  water  supply. 

In  applications  for  right  of  way  for  a  reservoir,  the  capacity  of  the 
reservoir  must  be  stated  on  the  map  in  acre-feet  (i.  e.,  the  number  of 
acres  that  will  be  covered  to  a  depth  of  1  foot  by  the  water  that  the 
reservoir  will  hold;  1  acre-foot  is  43,560  cubic  feet).  The  map  must 
show  the  source  of  water  supply  for  the  reserv-  ir  and  the  location  and 
height  of  the  dam. 

12.  Initial  and  terminal  points. — The  termini  of  a  canal,  ditch,  or 
lateral  should  be  fixed  by  reference  of  course  and  distance  to  the 
nearest  existing  corner  of  the  public  survey.     The  initial  point  of  the 
survey  of  a  reservoir  should  be  fixed  by  reference  of  course  and  dis- 
tance to  the  nearest  existing  corner  outside  the  reservoir  by  a  line  that 
does  not  cross  an  area  that  will  be  covered  with  water  when  the  res- 
ervoir is  in  use.     The  map,  field  notes,  engineer's  affidavit,  and  appli- 
cant's certificate  (Forms  3  and  4)  should  each  show  these  connections. 

13.  Connections  on  unsurveyed  land. — When  either  terminal  of  a 
canal,  ditch,  or  lateral  is  upon  unsurveyed  land,  it  must  be  connected 


BIGHT   OF   WAY   OVER   PUBLIC   LANDS.  9 

by  traverse  with  an  established  corner  of  the  public  survey,  if  not 
more  than  6  miles  distant,  and  the  single  bearing  and  distance  from 
the  terminal  point  to  the  corner  "must  be  computed  and  noted  on  the 
map,  in  the  engineer's  affidavit,  and  in  the  applicant's  certificate 
(Forms  3  and  4).  The  notes  and  all  data  for  the  computation  of  the 
traverse  must  be  given  in  the  field  notes. 

14.  Connections  with,  monuments  on  unsurveyed  land. — When  an  es- 
tablished corner  of  the  public  survey  is  more  than  6  miles  distant  this 
connection  will  be  made  with  a  natural  object  or  a  permanent  monu- 
ment which  can  be  readily  found  and  recognized  and  which  will  fix 
and  perpetuate  the  position  of  the  terminal  point.     The  map  must 
show  the  position  of  such  mark  and  must  give  the  course  and  distance 
to  the  terminus.     The  field  notes  must  give  an  accurate  description  of 
the  mark  and  full  data  of  the  traverse  as  required  above.     The  engi- 
neer's affidavit  and  applicant's  certificate  (Forms  3  and  4)  must  state 
the  connections.     These  monuments  are  of  great  importance. 

15.  Forms  for  canal,  etc.,  on  unsurveyed  land. — When  a  canal,  ditch, 
or  lateral  lies  partly  on  unsurveyed  land,  each  portion  lying  within 
surveyed  and  unsurveyed  land  will  be  separately  described  in  the  field 
notes  and  in  Forms  3  and  4  by  connections  of  termini,  length,  and  width, 
as  though  each  portion  were  independent.     (See  sees.  12,  13,  and  14.) 

16.  Forms  for  reservoir  on  unsurveyed  land. — When  a  reservoir  lies 
partly  on  unsurveyed  land  its  initial  point  must  be  noted,  as  required 
for  the  termini  of  ditches  in  section  12.     The  reference  line  must  not 
cross  an  area  that  will  be  covered  with  water  when  the  reservoir  is  in 
use.     The  areas  of  the  several  parts  lying  on  surveyed  and  unsurveyed 
land  must  be  separately  noted  on  the  map,  in  the  field  notes,  and  in 
Forms  3  and  4. 

17.  Right  of  way  wholly  on  unsurveyed  land. — Maps  showing  canals, 
ditches,  or  reservoirs  wholly  upon  unsurveyed  lands  may  be  received 
and  placed  on  file  in  the  General  Land  Office  and  the  local  land  office 
of  the  district  in  which  the  land  is  located,  for  general  information. 
The  date  of  filing  will  be  noted  thereon;  but  the  maps  will  not  be  sub- 
mitted to  nor  approved  by  the  Secretary  of  the  Interior,  as  the  act 
makes  no  provision  for  the  approval  of  any  but  maps  showing  the  loca- 
tion in  connection  with  the  public  surveys.     The  filing  of  such  maps 
will  not  dispense  with  the  filing  of  maps  after  the  survey  of  the  lands 
and  within  the  time  specified  by  the  act  granting  the  right  of  way.     If 
these  maps  are  in  all  respects  regular  when  filed,  they  will  receive  the 
Secretary's  approval.     In  filing  such  maps  the  initial  and  terminal 
points  will  be  fixed  as  indicated  in  sections  13  and  14. 

18.  Connections  with  public  survey  corners. — Whenever  the  line  of 
survey  crosses  a  township  or  section  line  of  the  public  survey,  the  dis- 
tance to  the  nearest  existing  corner  should  be  ascertained  and  noted. 
In  the  case  of  a  reservoir  the  distance  must  not  be  measured  across  an 
area  which  will  be  covered  with  water  when  the  reservoir  is  in  use. 
The  map  of  the  canal,  ditch,  or  reservoir  must  show  these  distances, 
and  the  field  notes  must  give  the  points  of  intersection  and  the  dis- 
tances.    When  corners  are  destroyed  by  the  canal  or  reservoir,  pro- 
ceed as  directed  in  sections  19  and  20. 

19.  Witness  monuments  for  destroyed  public  survey  corners. — When- 
ever a  corner  of  the  public  survey  will  be  covered  by  earth  or  water,  or 
otherwise  rendered  useless,  marked  monuments  (one  on  each  side  of 
destroyed  corner)  must  be  set  on  each  township  or  section  line  passing 

13328°— 15 2 


10  RIGHT   OF   WAY   OVER   PUBLIC    LANDS. 

through,  or  one  on  each  line  terminating  at,  said  corner.  These 
monuments  must  comply  with  the  requirements  for  witness  corners 
of  the  Manual  of  Surveying  Instructions  issued  by  the  General  Land 
Office,  and  must  be  at  such  distance  from  the  works  as  to  be  safe  from 
interference  during  the  construction  and  operation  of  the  same.  If 
two  or  more  consecutive  corners  on  the  same  line  are  destroyed,  the 
monument  shall  be  set  as  required  in  the  Manual  for  the  nearest  corner 
on  that  line  to  be  covered. 

20.  Method  of  establishing  witness  monuments. — The  line  on  which 
such  monument  is  set  will  be  determined  by  running  a  random  line 
from  the  corner  to  be  destroyed  to  the  first  existing  corner  on  the  line 
to  be  marked  by  the  monument,  a  temporary  mark  being  set  on  the 
random  line  at  the  distance  of  the  proposed  monument.    If  the  random 
line  strikes  the  corner  run  to,  the  monument  will  be  established  at  the 
place  marked ;  if  the  random  line  passes  to  one  side  of  the  corner,  the 
north  and  south  or  east  and  west  distance  to  it  will  be  measured  and 
the  true  course  calculated.     The  proper  correction  of  the  temporary 
mark  will  then  be  computed  and  a  permanent  monument  set  in  the 
proper  place.     The  field  notes  for  the  surveys  establishing  the  monu- 
ments must  be  in  duplicate  and  separate  from  those  of  the  canal  or 
reservoir,  and  must  be  certified  by  the  surveyor  under  oath.     They 
must  comply  with  the  form  of  field  notes  prescribed  in  the  Manual  of 
Surveying  Instructions  issued  by  the  General  Land  Office. 

When  application  is  made  for  a  canal  or  reservoir  which  is  con- 
structed and  in  operation,  the  method  to  be  adopted  in  setting  the 
monuments  must  be  governed  by  the  special  features  of  each  case  and 
left  to  the  judgment  of  the  surveyor.  No  field  notes  will  be  accepted 
unless  the  lines  on  which  the  monuments  are  set  conform  to  the  lines 
shown  by  the  field  notes  of  the  survey  as  made  originally  under  the 
direction  of  this  office,  and  unless  the  notes  are  in  such  form  that  the 
computation  can  be  verified  and  the  lines  retraced  on  the  ground. 

21.  Affidavit  and  certificate  required. — The  engineer's  affidavit  and 
applicant's  certificate  must  both  designate  by  termini  (as  in  sections 
12  to  17,  inclusive)  and  length  each  canal,  ditch,  or  lateral,  and  by 
initial  point  and  area  each  reservoir  shown  on  a  map,  for  which  right 
of  way  is  asked.     This  affidavit  and  this  certificate  (changed  where 
necessary  when  an  application  is  made  by  an  individual  or  association 
of  individuals)  must  be  written  on  the  map  in  duplicate.     Applicants 
under  the  act  of  March  3,  1891,  must  include  in  the  certificate  (Form 
4)  the  statement:  "And  I  further  certify  that  the  right  of  way  herein 
described  is  desired  for  the  main  purpose  of  irrigation."      (See  Forms 
3  and  4,  pages  25  and  26.)     No  changes  or  additions  are  allowable  in 
the  substance  of  these  forms,  except  when  the  facts  differ  from  those 
assumed  therein. 

22.  Notation  on  maps  and  records. — When  maps  are  filed,  the  register 
will  note  on  each  the  name  of  the  land  office  and  the  date  of    filing 
over  his  written  signature.     Notations  will   also  be  made    on  the 
records  of  the  local  land  office,  as  to  each  unpatented  tract  affected, 
that  application  for  right  of  way  for  a  canal  (or  reservoir)  is  pending, 
giving  date  of  filing  and  name  of  applicant.     The  register  will  certify 
on  each  map,  over  his  written  signature,  that  unpatented  land  is 
affected  by  the  proposed  right  of  way.     The  maps  and  field  notes  in 
duplicate,  and  any  other  papers  filed  in  connection  with  the  applica- 


EIGHT   OF   WAY  OVER   PUBLIC   LANDS.  11 

tion,  will  then  be  promptly  transmitted  to  the  General  Land  Office 
with  report  that  the  required  notations  have  been  made  on  the  records 
of  the  local  land  office.  Any  valid  right  existing  at  the  date  of  the 
filing  of  the  right  of  way  application  will  not  be  affected  by  the  filing  or 
approval  thereof.  (See  sec.  4.)  If  no  unpatented  land  is  involved 
in  the  application,  the  local  officers  will  reject  it,  allowing  the  usual 
right  of  appeal. 

Upon  the  approval  of  a  map  of  location  by  the  Secretary  of  the 
Interior,  the  duplicate  copy  will  be  sent  to  the  local  officers,  who  will 
mark  upon  the  township  plats  the  lines  of  the  canals,  ditches,  or  reser- 
voirs, as  laid  down  on  the  map.  They  will  also  note  the  approval  in 
ink,  on  the  tract  books,  opposite  each  tract  marked  as  required  above 
and  report  to  the  General  Land  Office  that  notations  have  been  made 
and  the  applicant  notified  of  approval. 

23.  Evidence  of  construction. — When  the  canal,  ditch,  or  reservoir  is 
constructed,  an  affidavit  of  the  engineer  and  certificate  of  the  appli- 
cant (Forms  5  and  6)  must  be  filed  in  the  local  office,  in  duplicate,  for 
transmission  to  the  General  Land  Office.     No  new  map  will  be  re- 
quired, unless  there  are  deviations  from  the  right  of  way  previously 
approved,  either  before  or  after  construction,  when  there  must  be  filed 
new  maps  and  field  notes  in  full,  as  herein  provided,  bearing  proper 
forms,  changed  to  agree  with  the  facts  in  the  case.     The  map  must 
show  clearly  the  portions  amended  or  bear  a  statement  describing 
them,  and  the  location  must  be  described  in  the  forms  as  the  amended 
survey  and  the  amended  definite  location.     In  such  cases  the  applicant 
must  file  a  relinquishment,  under  seal,  of  all  rights  under  the  former 
approval  as  to  the  portions  amended,  said  relinquishment  to  take 
effect  when  the  map  of  amended  definite  location  is  approved  by  the 
Secretary  of  the  Interior.     If  the  canal  or  reservoir  has  been  con- 
structed on  the  location  originally  approved,  and  is  to  be  used  until 
the  canal  or  reservoir  on  the  amended  location  is  ready  for  use,  the 
relinquishment  may  be  made  to  take  effect  upon  the  completion  of  the 
canal  or  reservior  on  the  amended  location. 

24.  Right  of  way  on  segregated  reservoir  sites. — The  act  approved 
February  26,  1897  (29  Stat.,  599),  entitled  "An  act  to  provide  for  the 
use  and  occupation  of  reservoir  sites  reserved,"  permits  the  approval 
of  applications  under  the  above  act  of  1891  for  right  of  way  upon  res- 
ervoir sites  reserved  under  authority  of  the  acts  of  October  2,  1888 
(25  Stat.,  505,  526),  and  August  30,  1890  (26  Stat.,  371,  391):    The 
text  of  the  act  is  as  follows : 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United  States  of  America 
in  Congress  assembled,  That  all  reservoir  sites  reserved  or  to  be  reserved  shall  be  open 
to  use  and  occupation  under  the  right-of-way  act  of  March  third,  eighteen  hundred  and 
ninety-one.  And  any  State  is  hereby  authorized  to  improve  and  occupy  such  reservoir 
sites  to  the  same  extent  as  an  individual  or  private  corporation,  under  such  rules  and 
regulations  as  the  Secretary  of  the  Interior  may  prescribe :  Provided,  That  the  charges 
for  water  coming  in  whole  or  part  from  reservoir  sites  used  or  occupied  under  the 
provisions  of  this  act  shall  always  be  subject  to  the  control  and  regulation  of  the  respec- 
tive States  and  Territories  in  which  such  reservoirs  are  in  whole  or  part  situate. 

When  an  application  is  made  under  this  act  a  reference  to  it  should 
be  added  to  Forms  4  and  6.  In  other  respects  the  application  should 
be  prepared  according  to  the  preceding  regulations. 


12  EIGHT   OF   WAY  OVER  PUBLIC   LANDS. 

OIL  PIPE  LINES  IN  COLORADO  AND  WYOMING. 

25.  Requirements. — The  act  approved  May  21,  1896  (29  Stat.,  127), 
entitled  "An  act  to  grant  right  of  way  over  the  public  domain  for  pipe 
lines  in  the  States  of  Colorado  and  Wyoming,"  is  similar  in  its  require- 
ments to  the  right-of-way  act  of  March  3,  1891,  and  the  preceding 
regulations  furnish  full  information  as  to  the  preparation  of  the  maps 
and  papers.     Applicants  will  be  governed  thereby  so  far  as  they  are 
applicable. 

The  text  of  the  act  is  as  follows: 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United  States  of  America 
in  Congress  assembled,  That  the  right  of  way  through  the  public  lands  of  the  United 
States  situate  in  the  State  of  Colorado  and  in  the  State  of  Wyoming  outside  of  the  boun- 
dary lines  of  the  Yellowstone  National  Park  is  hereby  granted  to  any  pipe-line  com- 
pany or  corporation  formed  for  the  purpose  of  transporting  oils,  crude  or  refined,  which 
shall  have  filed  or  may  hereafter  file  with  the  Secretary  of  the  Interior  a  copy  of  its  arti- 
cles of  incorporation,  and  due  proofs  of  its  organization  under  the  same,  to  the  extent  of 
the  ground  occupied  by  said  pipe  line  and  twenty-five  feet  on  each  side  of  the  center  of 
line  of  the  same-  also  the  right  to  take  from  the  public  lands  adjacent  to  the  line  of  said 
pipe  line  material,  earth,  and  stone  necessary  for  the  construction  of  said  pipe  line. 

SEC.  2.  That  any  company  or  corporation  desiring  to  secure  the  benefits  of  this  act 
shall  within  twelve  months  after  the  location  of  ten  miles  of  the  pipe  line  if  the  same  be 
upon  surveyed  lands;  and  if  the  same  be  upon  unsurveyed  lands,  within  twelve 
months  after  the  survey  thereof  by  the  United  States,  file  with  the  register  of  the  land 
office  for  the  district  where  such  land  is  located  a  map  of  its  line,  and  upon  the  approval 
thereof  by  the  Secretary  of  the  Interior  the  same  shall  be  noted  upon  the  plats  in  said 
office,  and  thereafter  all  such  lands  over  which  such  right  of  way  shall  pass  shall  be  dis- 
posed of  subject  to  such  right  of  way. 

SEC.  3.  That  if  any  section  of  said  pipe  line  shall  not  be  completed  within  five  years 
after  the  location  of  said  section  the  right  herein  granted  shall  be  forfeited,  as  to  any 
incomplete  section  of  said  pipe  line,  to  the  extent  that  the  same  is  not  completed  at 
the  date  of  the  forfeiture. 

SEC.  4.  That  nothing  in  this  act  shall  authorize  the  use  of  such  right  of  way  except 
for  the  pipe  line,  and  then  only  so  far  as  may  be  necessary  for  its  construction,  mainte- 
nance, and  care. 

RESERVOIRS  FOR  WATERING  STOCK. 

26.  General  provisions. — The  act  approved  January  13,  1897   (29 
Stat.,  484),  entitled  "An  act  providing  for  the  location  and  purchase 
of  public  lands  for  reservoir  sites,"  is  as  follows: 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United  States  of  America 
in  Congress  assembled,  That  any  person,  live-stock  company,  or  transportation  corpo- 
ration engaged  in  breeding,  grazing,  driving,  or  transporting  live  stock  may  construct 
reservoirs  upon  unoccupied  public  lands  of  the  United  States,  not  mineral  or  otherwise 
reserved,  for  the  purpose  of  furnishing  water  to  such  live  stock,  and  shall  have  control 
of  such  reservoir,  under  regulations  prescribed  by  the  Secretary  of  the  Interior,  and  the 
lands  upon  which  the  same  is  constructed,  not  exceeding  one  hundred  and  sixty  acres, 
so  long  as  such  reservoir  is  maintained  and  water  kept  therein  for  such  purposes :  Pro- 
vided, That  such  reservoir  shall  not  be  fenced  and  shall  be  open  to  the  free  use  of  any 
person  desiring  to  water  animals  of  any  kind. 

SEC.  2.  That  any  person,  live-stock  company,  or  corporation  desiring  to  avail  them- 
selves of  the  provisions  of  this  act  shall  file  a  declaratory  statement  in  the  United  States 
land  office  in  the  district  where  the  land  is  situated,  which  statement  shall  describe  the 
land  where  such  reservoir  is  to  be  or  has  been  constructed;  shall  state  what  business 
such  corporation  is  engaged  in;  specify  the  capacity  of  the  reservoir  in  gallons,  and 
whether  such  company,  person,  or  corporation  has  filed  upon  other  reservoir  sites 
within  the  same  county;  and  if  so,  how  many. 

SEC.  3.  That  at  any  time  after  the  completion  of  such  reservoir  or  reservoirs  which, 
if  not  completed  at  the  date  of  the  passage  of  this  act,  shall  be  constructed  and  com- 
pleted within  two  years  after  filing  such  declaratory  statement,  such  person,  company, 
or  corporation  shall  have  the  same  accurately  surveyed,  as  hereinalter  provided,  and 
shall  iile  in  the  United  States  land  office  in  the  district  in  which  such  reservoir  is 
located  a  map  or  plat  showing  the  location  of  such  reservoir,  which  map  or  plat  shall  be 


EIGHT   OF   WAY  OVER   PUBLIC    LANDS.  13 

transmitted  by  the  register  and  receiver  of  said  United  States  land  office  to  the  Secre- 
tary of  the  Interior  and  approved  by  him,  and  thereafter  such  land  shall  be  reserved 
from  sale  by  the  Secretary  of  the  Interior  so  long  as  such  reservoir  is  kept  in  repair  and 
water  kept  therein. 
SEC.  4.  That  Congress  may  at  any  time  amend,  alter,  or  repeal  this  act. 

27.  No  lands  sold. — Although  the  title  indicates  that  lands  are  to  be 
sold  for  reservoir  sites,  the  act  does  not  provide  for  the  sale  of  any 
lands,  and  therefore  no  lands  can  be  sold  under  its  provisions.     The 
act,  however,  directs  the  Secretary  of  the  Interior  to  reserve  the  lands 
from  sale  after  the  approval  of  trie  map  showing  the  location  of  the 
reservoir.     Homestead  entries  are  allowed  for  lands  embraced  in  res- 
ervoir declaratory  statements,  prior  to  the  completion  of  the  reservoir 
and  the  approval  of  the  map,  subject,  however,  to  cancellation  if  the 
reservoir  is  completed  within  the  time  specified  by  the  act. 

28.  Declaratory  statement. — Any  person,   live-stock  company,   or 
transportation  corporation  engaged  in  breeding,  grazing,  driving,  or 
transporting  live  stock,  desiring  to  obtain  the  benefits  of  the  act  must 
file  a  declaratory  statement  in  the  United  States  land  office  in  the  dis- 
trict in  which  tne  land  is  located. 

29.  Application  by  corporation. — When  the  applicant  is  a  corpora- 
tion there  should  be  filed  a  copy  of  its  articles  of  incorporation  and 
proofs  of  its  organization,  as  required  in  section  8,  paragraphs  a,  6,  c, 
d,  e,  f,  and  Jc  of  these  regulations.     If  these  papers  are  filed  with  the 
first  declaratory  statement  made  by  the  company,  a  reference  thereto 
by  its  number  will  be  sufficient  in  any  subsequent  application  by  the 
company. 

The  declaratory  statement  must  be  made  under  oath  and  should  be 
drawn  in  accordance  with  Form  9  (page  27),  and  must  contain  the 
following: 

(a)  The  post-office  address  of  the  applicant;  the  name  of  the 
county  in  which  the  reservoir  is  to  be  or  nas  been  constructed ;  the 
description  by  the  smallest  legal  subdivision  (40-acre  tracts  or  lots)  of 
the  land  sought  to  be  reserved  which  under  no  circumstances  must 
exceed  160  acres;  certificate  that  the  land  is  not  occupied  or  other- 
wise claimed;  certificate  that  to  the  best  of  the  applicant's  knowl- 
edge and  belief  the  land  is  not  mineral  or  otherwise  reserved;  state- 
ment of  the  business  of  the  applicant,  which  statement  shall  include 
full  and  minute  information  concerning  the  extent  to  which  he  is 
engaged  in  breeding,  grazing,  driving,  or  transporting  live  stock,  the 
number  and  kinds  of  such  stock,  the  place  where  they  are  being  bred 
or  grazed,  whether  within  an  inclosure  or  upon  uninclosed  lands,  and 
also  the  points  from  which  and  to  which  they  are  being  driven  or 
transported;  description  of  the  land  owned  or  claimed  by  the  appli- 
cant in  the  vicinity  of  the  proposed  reservoir  and  statement  of  its 
amount;  certificate  that  no  part  of  the  land  sought  to  be  reserved  is  or 
will  be  fenced,  that  all  the  land  will  be  kept  open  to  the  free  use  of  any 
person  desiring  to  water  animals  of  any  kind;  and  that  the  lands  so 
sought  to  be  reserved  are  not,  by  reason  of  their  proximity  to  other 
lands  reserved  for  reservoirs,  excluded  from  reservation  by  the  regula- 
tions and  rulings  of  the  Land  Department. 

(6)  The  location  of  the  reservoir  described  by  the  smallest  legal  sub- 
divisions (40-acre  tracts  or  lots),  its  area  in  acres,  its  capacity  in  gal- 
lons, the  source  from  which  water  is  to  be  obtained  for  such  reservoir, 
whether  there  are  any  streams  or  springs  within  2  miles  of  the  land 
sought  to  be  reserved;  and  if  so,  where, 


14  EIGHT   OF   WAY   OVER  PUBLIC   LANDS. 

(c)  The  numbers,  locations,  and  areas  of  all  other  reservoir  sites 
filed  upon  by  the  applicant,  especially  designating  those  in  the  county 
in  which  the  proposed  reservoir  is  located. 

30.  Action  by  the  Land  Department  on  declaratory  statements,  and 
size,  location,  and  number  of  reservoir  sites. — When  such  declaratory 
statement  is  filed,  the  date  of  filing  will  be  noted  thereon  over  the  sig- 
nature of  the  officer  receiving  it,  and  the  statements  will  be  numbered 
according  to  order  of  June  1,  1908.     The  register  will  make  the  usual 
notations  on  the  records,  in  pencil,  under  the  designation  of  "Reser- 
voir declaratory  statement,  No.  — ,"  adding  the  date  of  the  act.     For 
the  filing  of  such  reservoir  declaratory  statement  the  local  officers  will 
be  authorized  to  charge  the  usual  fees.     (Sec.  2238,  U.  S.  Rev.  Stat.) 
The  local  officers  will  forward  the  declaratory  statement  with  the 
regular  monthly  returns,  with  abstracts,  in  the  usual  manner.     In  act- 
ing upon  these  statements  the  following  general  rules  will  be  applied : 

(a)1  No  reservation  will  be  made  for  a  reservoir  of  less  than  250,000 
gallons  capacity,  and  for  a  reservoir  of  less  than  500,000  gallons  capac- 
ity not  more  than  40  acres  can  be  reserved.  For  a  reservoir  of 
500,000  gallons  and  less  than  1,000,000  gallons  capacity  not  more 
than  80  acres  can  be  reserved.  For  a  reservoir  of  1,000,000  gallons 
and  less  than  1,500,000  gallons  capacity  not  more  than  120  acres  can 
be  reserved.  For  a  reservoir  of  1,500,000  gallons  capacity  or  more 
160  acres  may  be  reserved. 

(5)  Not  more  than  160  acres  shall  be  reserved  for  this  purpose  in 
any  section. 

(c)  Not  more  than  160  acres  shall  be  reserved  for  this  purpose  in  one 
group  of  tracts  adjoining  or  cornering  upon  each  other. 

(a)  A  distance  of  one-half  mile  must  be  left  between  any  two 
groups  of  tracts  which  aggregate  more  than  160  acres. 

(e)  The  local  officers  will  reject  any  reservoir  declaratory  statement 
not  in  conformity  with  these  rules. 

(f)  Lands  so  reserved  shall  not  be  fenced,  but  shall  be  kept  open  to 
the  free  use  of  any  person  desiring  to  water  animals  of  any  kind.     If 
lands  so  reserved  are  at  any  time  fenced  or  otherwise  inclosed,  or  if 
they  are  not  kept  open  to  the  free  use  of  any  person  desiring  to  water 
animals  of  any  kind,  or  if  the  reservoir  applicant  attempts  to  use  them 
for  any  other  purpose,  or  if  the  reservation  is  not  obtained  for  the  bona 
fide  and  exclusive  purpose  of  constructing  and  maintaining  a  reservoir 
thereon  according  to  law,  the  declaratory  statement,  upon  any  such 
matter  being  made  to  appear,  will  be  canceled  and  all  rights  there- 
under be  declared  at  an  end. 

(g)  Notwithstanding  the  action  of  the  local  officers  in  accepting 
any  such  declaratory  statement,  the  Commissioner  of  the  General 
Land  Office  will  reject  the  same  if  upon  considering  the  matters  set 
forth  therein  it  appears  that  the  declaratory  statement  is  not  filed  in 
good  faith  for  the  sole  purpose  of  accomplishing  what  the  law  author- 
izes to  be  done. 

31.  Construction. — The    reservoir    must   be    completed    and    con- 
structed within  two  years  after  the  filing  of  the  declaratory  statement; 
otherwise  the  declaratory  statement  will  be  subject  to  cancellation. 

32.  Map  and  field  notes  of  constructed  reservoir. — After  the    con- 
struction and  completion  of  the  reservoir  the  applicant  shall  have  the 
same   accurately  surveyed   and    mapped,   in    accordance  with    the 
instructions  of  sections  10  to  22,  inclusive,  so  far  as  they  are  appli- 

1  Set'  amendment,  p.  25. 


RIGHT   OF   WAY  OVER   PUBLIC   LANDS.  15 

cable.  The  map  and  field  notes,  which  are  not  to  be  prepared  in 
duplicate,  must  be  filed  in  the  proper  local  office.  The  map  must  bear 
Forms  10  and  11  (p.  29),  and  the  field  notes  must  be  sworn  to  by  the 
surveyor. 

33.  Notations  by  local  land  officers. — When  the  map,  field  notes,  and 
other  papers  have  been  filed  in  the  local  office,  the  date  of  filing  will  be 
noted  thereon  and  the  proper  notations  will  be  made  on  the  local  office 
records,  as  in  the  case  of  the  declaratory  statement.     Local  officers 
will  then  promptly  forward  the  maps  and  papers  to  the  General  Land 
Office. 

34.  Approval. — The  map   and  papers  will   be  examined  in   the 
General  Land  Office  to  determine  whether  they  comply  with  the 
law  and  the  regulations,  and  whether  the  amount  of  land  desired  is 
warranted  by  the  showing  made  in  the  application.     If  found  satis- 
factory they  will  be  submitted  to  the  Secretary  of  the  Interior,  and 
upon  approval  the  lands  shown  to  be  necessary  for  the  proper  use 
and  enjoyment  of  the  reservoir  will  be  reserved  from  other  disposi- 
tion so  long  as  the  reservoir  is  maintained  and  water  kept  therein 
for  the  purposes  named  in  the  act.     Upon  the  receipt  or  notice  of 
such  reservation  from  the  General  Land  Office  the  local  officers  will 
make  the  proper  notations  on  their  records  and  report  the  making 
thereof  promptly  to  the  General  Land  Office. 

35.  Annual  proof  of  maintenance. — In  order  that  this  reservation 
shall  be  continued  it  is  necessary  that  the  reservoir  "shall  be  kept  in 
repair  and  water  kept  therein."     For  this  reason  the  owner  of  the 
reservoir  will  be  required  during  the  month  of  January  of  each  year 
to  file  in  the  local  office  an  affidavit  to  the  effect  that  the  reservoir 
has  been  kept  in  repair  and  water  kept  therein  during  the  preceding 
year,  and  that  all  the  provisions  of  the  act  have  been  complied  with. 
Form  12  (p.  29)  will  be  used  for  this  affidavit.     Upon  failure  to  file 
such  affidavit  steps  will  be  taken  looking  to  the  revocation  of  the 
reservation  of  the  lands. 

36.  Reservoir  on  unsurveyed  land. — If  the  reservoir  is  located  on 
unsurveyed  land,  the  declaratory  statement  may  be  filed,  the  lands 
being  described  as  closely  as  practicable. 

The  widely  different  conditions  to  be  considered  in  the  operations 
proposed  by  the  applicants  make  it  impossible  to  formulate  regula- 
tions that  will  furnish  the  data  necessary  in  all  cases.  Additional 
information  will  be  called  for  whenever  necessary  for  the  proper  con- 
sideration of  any  particular  case. 

TELEGRAPH  AND  TELEPHONE  LINES,  ELECTRICAL  PLANTS, 
CANALS,  AND  RESERVOIRS. 

37.  General  statement. — The  act  of  February  15,   1901    (31  Stat., 
790),   entitled  "An  act  relating  to  rights  of  way  through  certain 
parks,  reservations,  and  other  public  lands,"  is  as  follows: 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  the  United  States  of  America 
in  Congress  assembled,  That  the  Secretary  of  the  Interior  be,  and  hereby  is,  authorized 
and  empowered,  under  general  regulations  to  be  fixed  by  him,  to  permit  the  use  of 
rights  of  way  through  the  public  lands,  forest  and  other  reservations  of  the  United 
States,  and  the  Yosemite,  Sequoia,  and  General  Grant  national  parks,  California,  for 
electrical  plants,  poles,  and  lines  for  the  generation  and  distribution  of  electrical 
power,  and  for  telephone  and  telegraph  purposes,  and  for  canals,  ditches,  pipes  and 


16  RIGHT   OF   WAY   OVER   PUBLIC   LANDS. 

pipe  lines,  flumes,  tunnels,  or  other  water  conduits,  and  for  water  plants,  dams,  and 
reservoirs  used  to  promote  irrigation  or  mining  or  quarrying,  or  the  manufacturing  or 
cutting  of  timber  or  lumber,  or  the  supplying  of  water  for  domestic,  public,  or  any  other 
beneficial  uses  to  the  extent  of  the  ground  occupied  by  such  canals,  ditches,  flumes, 
tunnels,  reservoirs,  or  other  water  conduits  or  water  plants,  or  electrical  or  other  works 
permitted  hereunder,  and  not  to  exceed  fifty  feet  on  each  side  of  the  marginal  limits 
thereof,  or  not  to  exceed  fifty  feet  on  each  side  of  the  center  line  of  such  pipes  and  pipe 
lines,  electrical,  telegraph,  and  telephone  lines  and  poles,  by  any  citizen,  association,  or 
corporation  of  the  United  States,  where  it  is  intended  by  such  to  exercise  the  use  per- 
mitted hereunder  or  any  one  or  more  of  the  purposes  herein  named:  Provided,  lhat 
such  permits  shall  be  allowed  within  or  through  any  of  said  parks  or  any  forest,  military, 
Indian,  or  other  reservation  only  upon  the  approval  of  the  chief  officer  of  the  Depart- 
ment under  whose  supervision  sucn  park  or  reservation  falls  and  upon  a  finding  by 
him  that  the  same  is  not  incompatible  with  the  public  interest:  Provided  further,  That 
all  permits  given  hereunder  for  telegraph  and  telephone  purposes  shall  be  subject  to 
the  provision  of  title  sixty-five  of  the  Revised  Statutes  of  the  United  States,  and 
amendments  thereto,  regulating  rights  of  way  for  telegraph  companies  over  the  public 
domain:  And  provided  further,  That  any  permission  given  by  the  Secretary  of  the 
Interior  under  the  provisions  of  this  act  may  be  revoked  by  him  or  his  successor  in  his 
discretion,  and  shall  not  be  held  to  confer  any  right,  or  easement,  or  interest  in,  to, 
or  over  any  public  land,  reservation,  or  park. 

This  act,  in  general  terms,  authorizes  the  Secretary  of  the  Interior, 
under  regulations  to  be  fixed  by  him,  to  grant  permission  to  use  rights 
of  way  through  the  public  lands,  forest  and  other  reservations  of  the 
United  States,  and  the  Yosemite,  Sequoia,  and  General  Grant  national 
parks  in  California,  for  every  purpose  contemplated  by  acts  of  January 
21,  1895  (28  Stat.,  635),  May  14,  1896  (29  Stat.,  120),  and  section  1 
of  the  act  of  May  11,  1898  (30  Stat.,  404),  and  for  other  purposes 
additional  thereto,  except  for  tramroads,  the  provisions  relating  to  tram- 
roads,  contained  in  the  act  of  1895  and  in  section  1  of  the  act  of  1898, 
aforesaid  remaining  unmodified  and  not  being  in  any  manner  extended. 

Although  this  act  does  not  expressly  repeal  any  provision  of  law 
relating  to  the  granting  of  permission  to  use  rights  of  way  contained 
in  the  acts  referred  to,  yet  in  view  of  the  general  scope  and  purpose 
of  the  act,  and  of  the  fact  that  Congress  has,  with  the  exception  above 
noted,  embodied  therein  the  main  features  of  the  former  acts  relative 
to  the  granting  of  a  mere  permission  or  license  for  such  use,  it  is 
evident  that,  for  purposes  of  administration,  the  later  act  should 
control  in  so  far  as  it  pertains  to  the  granting  of  permission  to  use 
rights  of  way  for  purposes  therein  specified.  Accordingly  all  applica- 
tions for  permission  to  use  rights  of  way  for  the  purposes  specified 
in  this  act  must  be  submitted  thereunder.  Where,  however,  it  is 
sought  to  acquire  a  right  of  way  for  the  main  purpose  of  irrigation, 
as  contemplated  by  sections  18  to  21  of  the  act  of  March  3,  1891 
(26  Stat.,  1095),  and  section  2  of  the  act  of  May  11,  1898,  supra,  the 
application  must  be  submitted  in  accordance  with  the  regulations 
issued  under  said  acts.  (See  pp.  4  to  14,  inclusive.) 

Application  for  permission  to  use  the  desired  right  of  way  through 
the  public  lands  and  parks  designated  in  the  act  must  be  filed  and 
permission  must  be  granted,  as  herein  provided,  before  any  rights 
can  be  claimed  thereunder. 

38.  Nature  of  grant.1— it  is  to  be  specially  noted  that  this  act  does 
not  make  a  grant  in  the  nature  of  an  easement,  but  authorizes  a  mere 
permission  in  the  nature  of  a  license,  revocable  at  any  time,  and  it  gives 
no  right  whatever  to  take  from  the  public  lands,  reservations,  or 
parks,  adjacent  to  the  right  of  way,  any  material,  earth,  or  stone  for 
construction  or  other  purpose. 

1  See  amendment,  p.  23. 


BIGHT   OF   WAY  OVER  PUBLIC   LANDS.  17 

.  39.  Applications  for  riglit  of  way  through  national  forests. — By  sec- 
tion 1  of  the  act  of  February  1,  1905  (33  Stat.,  628),  it  is  provided: 

That  the  Secretary  of  the  Department  of  Agriculture  shall,  from  and  after  the  passage 
of  this  act,  execute  or  cause  to  be  executed  all  laws  affecting  public  lands  heretofore  or 
hereafter  reserved  under  the  provisions  of  section  twenty-four  of  the  act  entitled  "An 
act  to  repeal  the  timber-culture  laws,  and  for  other  purposes,"  approved  March  third, 
eighteen  hundred  and  ninety-one,  and  acts  supplemental  to  and  amendatory  thereof, 
after  such  lands  have  been  so  reserved,  excepting  such  laws  as  affect  the  surveying, 
prospecting,  locating,  appropriating,  entering,  relinquishing,  reconveying,  certifying, 
or  patenting  of  any  such  lands. 

Under  this  provision  it  has  been  determined  that  the  Department 
of  Agriculture  is  invested  with  jurisdiction  to  pass  upon  all  applica- 
tions under  any  law  of  the  United  States  providing  for  the  granting 
of  a  permission  to  occupy  and  use  lands  in  a  national  forest,  provided 
this  occupation  or  use  is  temporary,  and  will  in  no  wise  affect  the  fee 
or  cloud  the  title  of  the  United  States  should  the  reserve  be  discon- 
tinued. 

Therefore,  when  it  is  desired  to  obtain  permission  to  use  a  right 
of  way  over  public  lands  wholly  within  a  national  forest,  an  applica- 
tion should  be  prepared  in  accordance  with  the  instructions  issued 
by  the  Department  of  Agriculture,  and  the  same  filed  with  the  officer 
in  charge  of  such  national  forest. 

In  case  the  application  involves  rights  and  privileges  upon  public 
lands  partly  within  and  partly  without  a  national  forest,  separate 
applications  must  be  prepared,  and  the  one  affecting  lands  within  the 
national  forest  filed  with  the  forest  officer  and  the  other  filed  in  the 
local  land  office. 

40.  Applications  for  right  of  way  through  land  outside  of  national 
forests. — Where  permission  to  use  a  right  of  way  over  lands  wholly 
outside  of  national  forests  is  desired,  the  application  must  be  prepared 
and  filed  in  accordance  with  sections.  4  to  22,  inclusive,  appropriate 
changes  being  made  in  the  prescribed  forms  so  as  to  specify  and  relate 
to  the  act  under  which  the  application  is  made. 

An  affidavit  by  the  applicant  that  he  is  a  citizen  of  the  United 
States  must  accompany  the  application.  If  the  applicant  is  an  asso- 
ciation of  citizens,  each  member  must  make  affidavit  of  citizenship, 
and  a  complete  list  of  the  members  must  be  given  in  an  affidavit  by 
one  of  them.  If  he  is  not  a  native-born  citizen  he  must  file  the 
usual  proofs  of  naturalization.  The  applicant  must  also  set  forth  in 
the  affidavit  the  purposes  for  which  the  right  of  way  is  to  be  used,  and 
must  show  that  he  in  good  faith  intends  to  utilize  the  same  for  such 
purposes. 

41.  Buildings  to  be  platted  on  map  in  main  drawing  and  in  separate 
drawing. — When  application  is  made  for  right  of  way  for  electrical  or 
water  plants,  the  location  and  extent  of  ground  proposed  to  be  occu- 
pied by  buildings  or  other  structures  necessary  to  be  used  in  connec- 
tion therewith  must  be  clearly  designated  on  the  map  and  described 
in  the  field  notes  and  forms  (7  and  8,  p.  27)  by  reference  to  course 
and  distance  from  a  corner  of  the  public  survey.     In  addition  to 
being  shown  in  connection  with  the  main  drawing,  the  buildings  or 
other  structures  must  be  platted  on  the  map  in  a  separate  drawing  on 
a  scale  sufficiently  large  to  show  clearly  their  dimensions  and  relative 

Eositions.     When  two  or  more  of  such  proposed  structures  are  to  be 
>cated  near  each  other,  it  will  be  sufficient  to  give  the  reference  to  a 
corner  of  the  public  survey  for  one  of  them,  provided  all  the  others  are 


18  EIGHT   OF   WAY   OVER   PUBLIC   LANDS. 

connected  therewith  by  course  and  distance -shown  on  the  map.  The 
applicant  must  also  file  an  affidavit  setting  forth  the  dimensions  and 
proposed  use  of  each  of  the  structures,  and  must  show  definitely  that 
each  one  is  necessary  for  a  proper  use  of  the  right  of  way  for  the 
purposes  contemplated  in  the  act. 

42.  Unsurveyed  lands. — Permission  may  be  given  under  this  act 
(February  15,  1901)  for  rights  of  way  upon  unsurveyed  lands,  maps 
to  be  prepared  in  accordance  with  the  requirements  of  this  circular. 

43.  National  paries.1- — Whenever  a  right  of  way  is  through  any  of 
the  national  parks  designated  in  the  act,  the  applicant  must  show  to 
the  satisfaction  of  the  Department  that  the  location  and  use  of  the 
right  of  way  for  the  purposes  contemplated  will  not  interfere  with  the 
uses  and  purposes  for  which  the  park  was  originally  dedicated,  and 
will  not  result  in  damage  or  injury  to  the  natural  conditions  of  prop- 
erty or  scenery^  existing  therein.     When  the  right  of  way  is  through 
any  of  the  national  parks  designated  in  the  act,  the  applicant  must 
file  the  stipulations  and  bond  required  by  section  6,  but,  in  case  of  a 
telephone  line,    substitute   the  following:  "That   upon  completion 
of  the  telephone  lines  they  shall  be  subject  to  the  free  use  of  the  park 
officers  for  all  purposes  incident  to  the  administration  of  the  park/' 
for  stipulation  (e)  under  said  section  6. 

Whenever  right  of  way  within  a  park  is  desired  for  operations  in 
connection  with  mining,  quarrying,  cutting  timber,  or  manufacturing 
lumber,  a  satisfactory  showing  must  be  made  of  the  applicant's  right 
to  engage  in  such  operations  within  the  park.  If  the  application  and 
the  showing  made  in  support  thereof  is  satisfactory,  the  Secretary 
of  the  Interior  will  give  the  required  permission  in  such  form  as  may 
be  deemed  proper,  according  to  the  features  of  each  case;  and  it  is  to 
be  expressly  understood,  in  accordance  with  the  final  proviso  of  the 
act,  that  any  permission  given  thereunder  may  be  modified  or  revoked 
by  the  Secretary  or  his  successor,  in  his  discretion,  at  any  time,  and 
shall  not  be  held  to  confer  any  right,  easement,  or  interest  in,  to,  or 
over  any  public  land  or  park.  The  final  disposal  by  the  United 
States  of  any  tract  traversed  by  the  permitted  right  of  way  is  of 
itself,  without  further  act  on  the  part  of  the  Department,  a  revoca- 
tion of  the  permission  so  far  as  it  affects  that  tract;  and  any  per- 
mission granted  hereunder  is  also  subject  to  such  further  and  future 
regulations  as  may  be  adopted  by  the  Department. 

44.  Indian  reservations. — Applications  for  right  of  way  under  this 
act,  all  of  which  is  located  upon  land  within  an  Indian  reserva- 
tion, must  be  filed  with  the  Commissioner  of  Indian  Affairs.     Appli- 
cations for  right  of  way  affecting  lands  within  and  without  Indian 
reservations  must  be  filed  in  the  local  land  office  for  forwarding  to 
the  Commissioner  of  the  General  Land  Office.     Before  such  applica- 
tions are  transmitted  to  the  Department  they  will  be  submitted  by 
the  Commissioner  of  the  General  Land  Office  to  the  Commissioner  of 
Indian  Affairs  for  such  action  and  recommendation  as  that  officer 
may  deem  proper  in  so  far  as  the  same  pertains  to  such  Indian  reser- 
vation.    Applicants  will  be  required   to  furnish,    in   triplicate,   so 
much  of  the  map  and  field  notes  as  relate  to  that  portion  of  the  right 
of  way  within  an  Indian  reservation;  and  if  the  application  is  subse- 
quently granted,  one  copy  of  such  portion  of  the  map  and  field  notes 
as  pertains  to  such  reservation  will  be  placed  on  file  in  the  Indian 
Office.     In  this  connection,  attention  is  directed  to  the  provisions  of 

1  See  amendmeni ,  p.  23. 


RIGHT   OF   WAY  OVER   PUBLIC   LANDS.  19 

section  3  of  the  act  of  March  3,  1901  (31  Stat.,  1083),  which  author- 
izes the  granting  of  permanent  rights  of  way,  in  the  nature  of  ease- 
ments, for  telegraph  and  telephone  purposes  only,  through  Indian 
reservations  and  other  Indian  lands,  upon  payment  of  proper  com- 
pensation for  the  benefit  of  the  Indians  interested  therein.  The 
provisions  of  the  act  of  March  3,  1901,  and  the  nature  and  character 
of  the  rights  authorized  to  be  secured  thereunder  differ  materially 
from  the  provisions  of  the  act  on  which  these  regulations  are  based 
and  the  rights  authorized  to  be  conferred  thereunder.  Applicants, 
therefore,  desiring  to  secure  permanent  rights  of  way  through  Indian 
reservations  or  other  Indian  lands  for  telegraph  and  telephone  pur- 
poses will  be  required  to  submit  their  applications  therefor  under  the 
act  of  March  3,  1901,  supra,  in  accordance  with  the  then  current  regu- 
lations issued  thereunder.  (For  existing  regulations  under  said  act, 
see  regulations  approved  March  26,  1901.) 

45.  Notations  and  procedure. — Upon  the  filing  of  an  application 
under  this  act,  the  register  will  note  the  same  in  pencil  on  the  tract 
books,  opposite  the  tracts  traversed,  giving  date  of  filing  and  name  of 
applicant,  and  also  indorse  on  each  map,  over  his  written  signature, 
the  date  of  filing.     If  it  appears  that  no  portion  of  the  public  lands  or 
parks  designated  in  the  act  would  be  affected  by  the  approval  of  such 
maps,  they  will  be  returned  to  the  applicant  with  notice  of  that  fact. 
If  vacant  public  land  or  lands  in  any  park  so  designated  are  affected  by 
the  proposed  right  of  way,  the  register  will  so  certify  on  the  map  and 
duplicate  over  his  signature,  and  will  promptly  transmit  the  same  to 
the  General  Land  Office  with  report  that  the  required  notations  have 
been  made. 

When  permission  to  use  the  right  of  way  applied  for  is  given  by  the 
Secretary  of  the  Interior,  a  copy  of  the  original  map  will  be  sent  to  the 
local  officers,  who  will  mark  upon  the  township  plats  the  line  of  the 
right  of  way  and  will  note  in  pencil,  opposite  each  tract  of  public  land 
affected,  that  such  permission  has  been  given,  the  date  thereof,  and  a 
reference  to  the  act. 

TRAMROADS. 

46.  Rights  of  ways  for  tramroads. — The  Secretary  of  the  Interior  is 
authorized  to  permit  the  use  of  rights  of  \yay  for  tramroads  through 
the  public  lands  of  the  United  States,  not  within  the  limits  of  any  park, 
national  forest,  or  military  or  Indian  reservation  under  the  provisions 
of  the  act  of  Congress  of  January  21,  1895  (28  Stat.,  635),  as  amended 
by  section  1  of  the  act  of  May  11,  1898  (30_Stat.,  404).     The  act  of 
January  21,  1895,  entitled  "An  act  to  permit  the  use  of  the  right  of 
way  through  the  public  lands  for  tramroads,  canals,  and  reservoirs, 
and  for  other  purposes,"  is  as  follows: 

Be  it  enacted  by  the  Senate  ami  House  of  Representatives  of  the  United  States  of  America 
in  Congress  assembled,  That  the  Secretary  of  the  Interior  be,  and  hereby  is,  authorized 
and  empowered,  under  general  regulations  to  be  fixed  by  him,  to  permit  the  use  of  the 
right  of  way  through  the  public  lands  of  the  United  States,  not  within  the  limits  of  any 
park,  forest,  military,  or  Indian  reservation,  for  tramroads,  canals,  or  reservoirs  to  the 
extent  of  the  ground  occupied  by  the  water  of  the  canals  and  reservoirs  and  fifty  feet  on 
each  side  of  the  marginal  limits  thereof;  or  fifty  feet  on  each  side  of  the  center  line  of  the 
tramroad,  by  any  citizen  or  any  association  of  citizens  of  the  United  States  engaged  in 
the  business  of  mining  or  quarrying  or  of  cutting  timber  and  manufacturing  lumber. 


'20  BIGHT   OF   WAY   OVER   PUBLIC   LANDS. 

This  act  was  amended  by  section  1  of  the  act  of  May  11,  1898,  supra, 
as  follows : 

Be  it  enacted  by  the  Senate  and  House  of  Representatives  of  tlie  United  States  of  America 
in  Congress  assembled,  That  the  act  entitled  "An  act  to  permit  the  use  of  the  right  of 
way  through  the  public  lands  for  tramroads,  canals,  and  reservoirs,  and  for  other  pur- 
poses," approved  January  twenty-first,  eighteen  hundred  and  ninety-five,  be,  and  the 
same  is  hereby,  amended  by  adding  thereto  the  following: 

"That  the  Secretary  of  the  Interior  be,  and  hereby  is,  authorized  and  empowered, 
under  general  regulations  to  be  fixed  by  him,  to  permit  the  use  of  right  of  way  upon  the 
public  lands  of  the  United  States,  not  within  limits  of  any  park,  forest,  military,  or 
Indian  reservations,  for  tramways,  canals,  or  reservoirs,  to  the  extent  of  the  ground 
occupied  by  the  water  of  the  canals  and  reservoirs,  and  fifty  feet  on  each  side  of  the  mar- 
ginal limits  thereof,  or  fifty  feet  on  each  side  of  the  center  line  of  the  tramroad,  by  any 
citizen  or  association  of  citizens  of  the  United  States,  for  the  purposes  of  furnishing 
water  for  domestic,  public,  and  other  beneficial  uses." 

Applications  for  permission  to  use  rights  of  way  for  tramroads  should 
be  prepared  and  filed  in  accordance  with  the  regulations  hereinbefore 
prescribed  relative  to  presentation  of  applications  for  rights  of  way 
under  the  act  of  February  15,  1901,  and  the  then  current  regulations 
issued  under  the  general  railroad  right-of-way  act  of  March  3,  1875 
(for  existing  regulations  under  the  latter  act  see  32  L.  D.,  481),  the 
prescribed  forms  in  such  regulations  being  so  modified  as  to  specify 
and  relate  to  the  acts  under  which  the  application  is  made.  It  is  to  be 
specially  noted  that  the  acts  relating  to  tramroads  do  not  authorize 
the  granting  of  permission  to  use  rights  of  way  for  such  purpose  within 
the  limits  or  any  park,  national  forest,  or  military  or  Indian  reservation, 
and  it  is  to  be  further  noted  that  permission  to  use  rights  of  way  for 
tramroads  over  public  lands,  when  granted,  only  confers  a  right  in  the 
nature  of  a  license  and  is  subject  to  all  the  conditions  and  limitations 
hereinbefore  stated  in  section  43  of  these  regulations. 

RIGHT  OF  WAY  THROUGH  NATIONAL  FORESTS  FOR  DAMS, 
RESERVOIRS,  WATER  PLANTS,  DITCHES,  FLUMES,  PIPES, 
TUNNELS,  AND  CANALS  FOR  MUNICIPAL  OR  MINING  PUR- 
POSES. 

47.  General  statement. — Section  4,  of  the  act  of  Congress  approved 
February  1,  1905  (33  Stat.,  628),  reads  as  follows: 

SEC.  4.  That  rights  of  way  for  the  constructon  and  maintenance  of  dams,  reservoirs, 
water  plants,  ditches,  flumes,  pipes,  tunnels,  and  canals,  within  and  across  the  forest 
reserves  of  the  United  States,  are  hereby  granted  to  citizens  and  corporations  of  the 
United  States  for  municipal  or  mining  purposes,  and  for  the  purposes  of  the  milling  and 
reduction  of  ores,  during  the  period  of  their  beneficial  use,  under  such  rules  and  regula- 
tions as  may  be  prescribed  by  the  Secretary  of  the  Interior,  and  subject  to  the  laws  of 
the  State  or  Territory  in  which  said  reserves  are  respectively  situated. 

This  act  grants  rights  of  way  through  national  forests  to  citizens  and 
corporations  of  the  United  States  for  the  objects  therein  specified,  dur- 
ing the  period  of  their  beneficial  use,  under  rules  and  regulations  to  be 
prescribed  by  the  Secretary  of  the  Interior,  and  subject  to  the  laws  of 
the  State  or  Territory  in  which  said  forests  are  situated. 

All  applications  for  the  right  of  way  for  the  purposes  set  forth  in 
said  act  must  be  submitted  in  accordance  herewith. 

No  construction  will  be  allowed  in  national  forests  until  an  applica- 
tion for  right  of  way  has  been  regularly  filed  in  accordance  with  these 
regulations  and  has  been  approved  by  the  Secretary  of  the  Interior, 
or  unless  permission  has  been  specifically  given. 


BIGHT   OF    WAY  OVER  PUBLIC   LANDS.  21 

48.  Nature  of  grant. — The  right  granted  is  not  in  the  nature  of  a 
grant  of  lands,  but  is  a  base  or  qualified  fee,  giving  the  possession  and 
right  of  use  of  the  land  for  the  purposes  contemplated  by  the  act, 
during  the  period  of  the  beneficial  use.     When  the  use  ceases  the 
right  terminates,  and  thereupon  proper  steps  will  be  taken  to  revoke 
the  grant. 

No  right,  whatever,  is  given  to  take  any  material,  earth,  or  stone 
for  construction  or  other  purposes,  nor  is  any  right  given  to  use  any 
land  outside  of  what  is  actually  necessary  for  the  construction  and 
maintenance  of  the  works. 

49.  Preparation  of  applications. — Applications  for  right   of  way 
under  this  act  should  be  made  in  the  form  of  a  map  and  field  notes, 
in  duplicate,  and  must  be  filed  in  the  local  land  office  for  the  district 
in  which  the  land  traversed  by  the  right  of  way  is  situated ;  if  the  land 
is  in  more  than  one  district,  duplicate  maps  and  field  notes  need  be 
filed  in  only  one  district  and  single  sets  in  the  others.     The  maps, 
field  notes,  evidence  of  water  rights,  etc.,  and,  when  the  applicant  is  a 
corporation,  the  articles  of  incorporation  and  proofs  of  organization 
must  be  prepared  and  filed  in  accordance  with  sections  7  to  21,  inclusive, 
appropriate  changes  being  made  in  the  prescribed  forms  so  as  to 
specify  and  relate  to  the  act  under  which  the  application  is  made. 

An  affidavit  by  the  applicant  that  he  is  a  citizen  of  the  United 
States  must  accompany  the  application.  If  the  applicant  is  an  asso- 
ciation of  citizens,  each  member  must  make  affidavit  of  citizenship, 
and  a  complete  list  of  the  members  must  be  given  in  an  affidavit  of 
one  of  them.  A  copy  of  their  articles  of  association  must  also  be 
furnished,  or  if  there  be  none,  the  fact  must  be  stated  over  the  signa- 
ture of  each  member  of  the  association. 

If  the  applicant  is  not  a  native-born  citizen,  he  must  file  the  usual 
proof  of  naturalization.  The  applicant  must  set  forth  in  the  affidavit 
the  purposes  for  which  the  right  of  way  is  desired. 

50.  Water-plant  structures. — When  application  is  made  for  right  of 
way  for  water  plants,  the  location  and  extent  of  ground  proposed  to 
be  occupied  by  buildings,  or  other  structures  necessary  to  be  used  in 
connection  therewith,  must  be  clearly  designated  on  the  map  and 
described  in  the  field  notes  and  forms  (7  and  8,  p.  27)  by  reference  to 
course  and  distance  from  a  corner  of  the  public  survey.     In  addition 
to  being  shown  in  connection  with  the  main  drawing,  the  buildings  or 
other  structures  must  be  platted  on  the  map  in  a  separate  drawing  on 
a  scale  sufficiently  large  to  show  clearly  their  dimensions  and  relative 
positions.     When  two  or  more  of  such  structures  are  to  be  located 
near  each  other,  it  will  be  sufficient  to  give  the  reference  to  a  corner 
of  the  public  survey  for  one  of  them,  provided  all  others  are  connected 
therewith  by  course  and  distance  shown  on  the  map. 

The  applicant  must  also  file  an  affidavit  setting  forth  the  dimensions 
and  proposed  use  of  each  of  the  structures,  and  must  show  definitely 
that  each  is  necessary  to  a  proper  enjoyment  of  the  right  of  way 
granted  by  the  act. 

51.  Stipulation  and  bond. — The  applicant  must  enter  into  such  stip- 
ulation and  execute  such  bond  as  the  Forest  Service  may  require  for 
the  protection  of  the  national  forest. 

52.  Notation  &?/  register. — Upon  the  filing  of  an  application  under 
this  act,  the  register  will  note  the  same  in  pencil  on  the  tract  books, 


22  EIGHT   OF   WAY   OVER   PUBLIC   LANDS. 

opposite  the  tracts  traversed,  giving  date  of  filing  and  name  of  appli- 
cant, and  also  indorse  on  each  map  over  his  written  signature  the 
name  of  the  land  office  and  the  date  of  filing. 

If  it  appears  that  no  portion  of  the  public  lands  in  a  national  forest 
would  be  affected  by  the  approval  of  such  maps,  they  will  be  returned 
to  the  applicant  with  notice  of  that  fact.  If  unpatented  lands  are 
affected  by  the  proposed  right  of  way,  the  register  will  so  certify  on 
the  map  and  duplicate,  over  his  signature,  and  will  promptly  transmit 
the  same  to  the  General  Land  Office,  with  report  that  the  required 
notations  have  been  made. 

Upon  the  approval  of  a  map  of  location  by  the  Secretary  of  the 
Interior,  the  duplicate  copy  will  be  sent  to  the  local  officers,  who  will 
mark  upon  the  township  plats  the  lines  of  the  right  of  way  as  laid 
down  on  the  map.  They  will  also  note  the  approval  in  ink  on  the 
tract  books,  opposite  each  legal  subdivision  affected,  with  a  reference 
to  the  act  mentioned  on  the  map. 

53.  Right  of  waij  through  unsurveyed  land. — Maps  showing  reser- 
voirs, canals,  water  plants,  etc.,  wholly  upon  unsurveyed  lands  will  be 
received  and  placed  on  file  in  the  General  Land  Office  and  the  local 
land  office  of  the  district  in  which  the  same  is  located,  for  general 
information,  and  the  date  of  filing  will  be  noted  thereon. 

FRED  DENNETT, 

Commissioner. 

Approved  June  6,  1908. 

FRANK  PIERCE, 

Acting  Secretary. 


ADDENDA. 


DEPARTMENT  OF  THE  INTERIOR, 

Washington,  May  7,  1912. 
The  COMMISSIONER  OF  THE  GENERAL  LAND  OFFICE  : 

SIR:  In  the  matter  of  the  regulations  approved  June  6,  1908,  con- 
cerning rights  of  way  over  public  lands  and  reservations  for  canals, 
ditches,  and  reservoirs,  and  the  use  of  a  right  of  way  for  various  pur- 
poses, I  have  to  direct  that  modifications  be  made  of  paragraphs  38 
and  43  thereof.  As  modified,  these  paragraphs  will  read  as  follows: 

"  38.  Nature  of  grant. — It  is  to  be  specially  noted  that  this  act  does 
not  make  a  grant  in  the  nature  of  an  easement  but  authorizes  a  mere 
permit  in  the  nature  of  a  license,  which  permit  may  be  revoked  by 
the  Secretary,  or  his  successor,  at  any  time  in  his  discretion.  Further, 
it  gives  no  right  whatever  to  take  from  public  lands,  reservations,  or 
parks  adjacent  to  the  right  of  way  any  materials,  earth  or  stone,  for 
construction  or  other  purposes. 

"43.  National  parks. — Whenever  a  right  of  way  is  through  any  of 
the  national  parks  designated  in  the  act,  the  applicant  must  show 
to  the  satisfaction  of  the  department  that  the  location  and  use  of  the 
right  of  way  for  the  purposes  contemplated  will  not  interfere  with 
the  uses  and  purposes  for  which  the  park  was  originally  dedicated, 
and  will  not  result  in  damage  or  injury  to  the  natural  conditions  of 
property  or  scenery  existing  therein.  The  applicant  must  also  file 
the  stipulations  and  bond  required  by  section  6,  but,  in  case  of  a 
telephone  line,  substitute  the  following:  'That  upon  completion  of 
the  telephone  lines  they  shall  be  subject  to  the  free  use  of  the  park 
officers  for  all  purposes  incident  to  the  administration  of  the  park,' 
for  stipulation  (e)  under  said  section  6. 

"  Whenever  right  of  way  within  a  park  is  desired  for  operations  in 
connection  with  mining,  quarrying,  cutting  timber,  or  manufacturing 
lumber,  a  satisfactory  snowing  must  be  made  of  the  applicant's  right 
to  engage  in  such  operations  within  the  park.  If  the  application 
and  the  showing  made  in  support  thereof  is  satisfactory,  the  Secretary 
of  the  Interior  will  give  the  required  permission  in  such  form  as  may 
be  deemed  proper,  according  to  the  features  of  each  case ;  and  any 
permission  granted  hereunder  is  also  subject  to  such  further  and 
future  regulations  as  may  bo  adopted  by  the  department." 

You  will  see  that  these  changes  are  made  in  an  appropriate  way 
in  circulars  hereafter  distributed  under  this  act. 
Very  respectfully, 

SAMUEL  ADAMS, 
First  Assistant  Secretary. 

23 


24  EIGHT  OF  WAY  OVER  PUBLIC  LANDS. 

DEPARTMENT  OF  THE  INTERIOR, 

Washington,  July  10,  1912. 
The  COMMISSIONER  OF  THE  GENERAL  LAND  OFFICE: 

SIR  :  In  order  to  comply  with  the  requirements  of  the  Director  of 
the  United  States  Geological  Survey  in  the  matter  of  applications 
for  rights  of  way  submitted  to  him  for  consideration  and  report  with 
respect  to  the  power  possibilities  of  the  land  involved,  1  have  to 
direct  that  modification  of  paragraphs  a  and  f,  section  8  of  circular 
of  June  6,  1908,  be  made  as  follows: 

"(a)  A  copy  of  its  articles  of  incorporation,  duly  certified  to  by 
the  proper  officers  of  the  company  under  its  corporate  seal,  or  by  the 
secretary  of  the  State  or  Territory  where  organized;  also  an  uncerti- 
fied copy  of  the  articles  of  incorporation." 

"(f)  A  true  list,  in  duplicate,  signed  by  the  president,  under  the 
seal  of  the  company,  showing  the  names  and  designations  of  its  offi- 
cers at  the  date  of  the  filing  of  the  proofs." 

You  will  see  that  these  changes  are  made  in  circulars  hereafter 
distributed  under  this  act. 
Very  respectfully, 

SAMUEL  ADAMS, 
First  Assistant  Secretary. 


DEPARTMENT  OF  THE  INTERIOR, 

Washington,  October  8,  1912. 
The  COMMISSIONER  OF  THE  GENERAL  LAND  OFFICE  : 

SIR:  Section  8,  circular  of  June  6,  1908,  governing  applications  for 
rights  of  way  over  public  lands  and  reservations  of  the  United  States 
for  canals,  ditches,  reservoirs,  etc.,  is  hereby  modified  so  as  to  add 
thereto  the  following  paragraph : 

"(1)  A  separate  statement,  describing  as  near  as  may  reasonably 
be  done,  bylegal  subdivisions,  if  practicable,  the  land  to  be  irrigated 
by  the  proposed  project;  the  approximate  acreage  and  general  con- 
dition and  character  of  the  lands;  their  ownership  generally,  and 
whether  public  or  private;  such  negotiations  or  arrangements  as  have 
been  had  between  the  applicant  and  the  owners  or  occupants  of  the 
lands." 

You  will  see  that  this  addition  is  made  in  circulars  hereafter  dis- 
tributed under  said  acts. 
Very  respectfully, 

SAMUEL  ADAMS, 
Acting  Secretary. 


RIGHT  OF  WAY  OVER  PUBLIC  LANDS.  25 

DEPARTMENT  OF  THE  INTERIOR, 

June  18,  1915. 
The  COMMISSIONER  OF  THE  GENERAL  LAND  OFFICE. 

SIR:  Paragraph  a,  section  30,  circular  of  June  6,  1908  (36  L.  D., 
567),  is  modified  to  read  as  follows: 

"  (a)  No  reservation  will  be  made  for  a  reservoir  of  less  than  250,000 
gallons  capacity,  and  for  a  reservoir  of  less  than  500,000  gallons 
capacity  not  more  than  40  acres  can  be  reserved.  For  a  reservoir  of 
1,000,000  gallons  capacity  not  more  than  80  acres  can  be  reserved. 
For  a  reservoir  of  1,000,000  gallons  and  less  than  1,500,000  gallons 
capacity  not  more  than  120  acres  can  be  reserved.  For  a  reservoir 
of  1,500,000  gallons  capacity  or  more  160  acres  may  be  reserved.  In 
the  case  where  the  water  is  furnished  the  live  stock  by  artificial  means, 
such  as  by  windmill,  pump,  tanks,  troughs,  etc.,  the  regulations  requir- 
ing a  minimum  capacity  of  250,000  gallons  may  be  waived,  upon  the 
claimant's  submitting  a  satisfactory  showing  that  by  such  artificial 
means  he  will  be  able  to  furnish  sufficient  water  and  provide  proper 
troughs,  etc.,  to  properly  accommodate  all  cattle  likely  to  "water  at 
the  place  in  question." 

Bo  SWEENEY, 
Assistant  Secretary. 


FORMS  FOR  "DUE  PROOFS"  AND  VERIFICATION  OF  MAPS  OF 
RIGHT  OF  WAY  FOR  CANALS,  DITCHES,  AND  RESERVOIRS. 

FORM  1. 

I,  —  — ,  secretary  (or  president)  of  the  —  —  Company,  do  hereby 

certify  that  the  organization  of  said  company  has  been  completed ;  that  the  company 
is  fully  authorized  to  proceed  with  construction,  according  to  the  existing  laws  of  the 
State  (or  Territory)  of  —  — ,  and  that  the  copy  of  the  articles  of  association  (or  incor- 
poration) of  the  company  filed  in  the  Department  of  the  Interior  is  a  true  and  correct 
copy  of  the  same. 

In  witness  whereof  I  have  hereunto  set  my  name  and  the  corporate  seal  of  the  com- 
pany this  —    —  day  of ,  in  the  year  19 — . 

[Seal  of  company.]  — , 

—  of  the—      —  Company. 


FORM  2. 

I, ,  do  certify  that  I  am  the  president  of  the  —  —  Company, 

and  that  the  following  is  a  true  list  of  the  officers  of  the  said  company,  with  the  full 
name  and  official  designation  of  each,  to  wit:  (Here  insert  the  full  name  and  official 
designation  of  each  officer.) 

In  witness  whereof   I   have  hereunto  set  my  name  and  the  corporate  seal  of  the 
company  this  —      —  day  of ,  in  the  year  19—. 

[Seal  of  company.]  — , 

President  of  the—    —  Company. 


FORM  3. 
STATE  OF , 


County  of ,  ss: 

— ,  bieng  duly  sworn,  says  he  is  the  chief  engineer  of  (or  the  person 
employed  to  make  the  survey  by)  the  —  —  Company;  that  the  survey  of 

said  company's  (canals,  ditches,  and  reservoirs),  described  as  follows:  (Here  describe 
each  canal,  ditch,  lateral,  and  reservoir  for  which  right  of  way  is  asked,  as  required  by 
section  21,  being  a  total  length  of  canals,  ditches,  and  laterals  of  —  —  miles,  and 
a  total  area  of  reservoirs  of  —  —  acres),  was  made  by  him  (or  under  his  direction) 
as  chief  engineer  of  the  company  (or  as  surveyor  employed  by  the  company)  and 
under  its  authority,  commenced  on  the  —  —  day  of  —  — ,  19 — ,  and  ending  on 
the  —  —  day  of  —  — ,  19 — ,  «[and  that  the  survey  of  the  said  (canal,  ditches, 
laterals,  and  reservoirs)  accurately  represents  (a  proper  grade  line  for  the  flow  of 
water,  and  accurately  represents  a  level  line,  which  is  the  proposed  water  line  of  the 
said  reservoir)],  and  that  such  survey  is  accurately  represented  upon  this  map  and 
by  the  accompanying  field  notes.  «[And  no  lake  or  lake  bed,  stream  or  stream  bed, 
is  used  for  the  said  (canals,  ditches,  laterals,  and  reservoirs)  except  as  shown  on  this 
map.] 


Sworn  and  subscribed  to  before  me  this day  of  —     — ,  19 — . 

[SEAL.] 


Notary  Public. 


«  This  clause  to  be  omitted  in  applications  for  telephone  and  telegraph  lines. 
2(3 


EIGHT   OF   WAY   OVER  PUBLIC   LANDS.  27 

FORM  4. 

I, ,  do  hereby  certify  that  I  am  president  of  the  —  Com- 
pany; that  —  — ,  who  subscribed  the  accompanying  affidavit,  is  the  chief 
engineer  of  (or  was  employed  to  make  the  survey  by)  the  said  company;  that  the 
survey  of  the  said  (canals,  ditches,  laterals,  and  reservoirs),  as  accurately  represented 
on  this  map  and  by  the  accompanying  field  notes,  was  made  under  authority  of  the 
company;  that  the  company  is  duly  authorized  by  its  articles  of  incorporation  to 
construct  the  said  (canals,  ditches,  laterals,  and  reservoirs)  upon  the  location  shown 
upon  this  map;  that  the  said  (canals,  ditches,  laterals,  and  reservoirs),  as  represented 
on  this  map  and  by  said  field  notes,  was  adopted  by  the  company,  by  resolution  of  its 

board  of  directors,  on  the  —  day  of  —     — ,  19 — ,  as  the  definite  location  of  the 

said  (canals,  ditches,  laterals,  and  reservoirs)  described  as  follows — (describe  as  in 
Form  3) — «[and  that  no  lake  or  lake  bed,  stream  or  stream  bed,  is  used  for  the  said 
(canals,  ditches,  laterals,  and  reservoirs)  except  as  shown  on  this  map];  and  that  the 
map  has  been  prepared  to  be  filed  for  the  approval  of  the  Secretary  of  the  Interior, 
in  order  that  the  company  may  obtain  the  benefits  of  6  (sections  18  to  21,  inclusive, 
of  the  act  of  Congress  approved  March  3,  1891,  entitled  "An  act  to  repeal  timber- 
culture  laws,  and  for  other  purposes,"  and  section  2  of  the  act  approved  May  11,  1898); 
and  I  further  certify  that  the  right  of  way  herein  described  is  desired  for  the  main 
purpose  of  irrigation. c 

Attest:  — , 

President  of  the  —      —  Company, 

[Seal  of  company.]  — , 

Secretary. 


FORM  5. 
STATE  OF , 


County  of 


being  duly  sworn,  says  that  he  is  the  chief  engineer  of  (or  was  em- 
ployed to  construct)  the  (canals,  ditches,  laterals,  and  reservoirs)  of  the  —  —  Com- 
pany; that  said  (canals,  ditches,  laterals,  and  reservoirs)  have  been  constructed  under 
his  supervision,  as  follows:  (Describe  as  required  in  section  21)  a  total  length  of  con- 
structed (canals,  ditches,  and  laterals)  of  —  —  miles,  and  a  total  area  of  constructed 

reservoirs  of acres;  that  construction  was  commenced  on  the  —       —  day  of 

— ,  19 — ,  and  completed  on  the  —     —  day  of  —         — ,  19 — ;  that  the  constructed 
(canals,  ditches,  laterals,  and  reservoirs),  as  aforesaid,  conform  to  the  map  and  field 

notes  which  received  the  approval  of  the  Secretary  of  the  Interior  on  the day 

of  ,  19—. 


Sworn  and  subscribed  to  before  me  this  —  day  of ,  19 — . 

[SEAL.] 


Notary  Public. 


FORM  6. 


I, ,  do  certify  that  I  am  the  president  of  the  — —  company;  that 

the  (canals,  ditches,  laterals,  and  reservoirs)  described  as  follows  (describe  as  in  Form 
5)  were  actually  constructed  as  set  forth  in  the  accompanying  affidavit  of  —  — , 
chief  engineer  (or  the  person  employed  by  the  company  in  the  premises),  and  on  the 
exact  location  represented  on  the  map  and  by  the  field  notes  approved  by  the  Sec- 
retary of  the  Interior,  on  the day  of ,  19 — ;  and  that  the  company  has  in 

all  things  complied  with  the  requirements  of  the  act  of  Congress  &  (March  3, 1891,  grant- 

a  This  clause  to  be  omitted  in  applications  for  telephone  and  telegraph  lines. 

b  Here  insert  the  description  of  the  act  of  Congress  under  which  the  application  is 
made  when  filed  under  some  other  act  than  that  of  1891  and  1898. 

c  Or,  where  filed  under  other  acts  than  that  of  1891  and  1898,  state  the  purposes  for 
which  right  of  way  is  applied  for. 

d  Here  insert  the  description  of  the  act  of  Congress  under  which  the  application  is 
made  when  filed  under  some  other  act  than  that  of  1891. 


28  RIGHT   OF    WAY   OVEE   PUBLIC    LANDS. 

ing  right  of  way  for  canals,  ditches,  and  reservoirs  through  the  public  lands  of  the 
United  States). 


President  of  the  —      —  Company. 
[Seal  of  company.] 
Attest: 


Secretary. 


STATE  op 


FORM  7. 
[Under  act  February  15,  1901.] 


County  of 


— ,  being  duly  sworn,  says  he  is  the  chief  engineer  of  (or  the  person 
employed  by)  the  —  —  company,  under  whose  supervision  the  survey  was  made  of 
the  grounds  selected  by  the  company  for  structures  for  electrical  purposes  under  the 
act  of  Congress  approved  February  15,  1901,  said  grounds  (here  describe  as  required 
by  sections  41  and  50);  that  the  accompanying  drawing  correctly  represents  the 
locations  of  the  said  structures;  and  that  in  his  belief  the  structures  represented  are 
actually  and  to  their  entire  extent  required  for  the  necessary  uses  contemplated  by 
the  said  act  of  February  15,  1901  (31  Stat.,  790). 

Chief  Engineer. 

Subscribed  and  sworn  to  before  me  this day  of ,  19 — . 

[SEAL.]  — , 

Notary  Public. 


FORM  8. 
[Under  act  of  February  15,  1901.] 

I, ,  do  hereby  certify  that  I  am  the  president  of  the  —      —  company; 

that  the  survey  of  the  structures  represented  on  the  accompanying  drawing  was  made 
under  authority  and  by  direction  of  the  company,  and  under  the  supervision  of  —  — , 
its  chief  engineer  (or  the  person  employed  in  the  premises),  whose  affidavit  precedes 
this  certificate;  that  the  survey  as  represented  on  the  accompanying  drawing  actually 
represents  the  structures  required  (here  describe  as  required  by  sections  41  and  50) 
for  electrical  purposes,  under  the  act  of  Congress  approved  February  15.  1901;  and 

that  the  company,  by  resolution  of  its  board  of  directors,  passed  on  the day  of 

— ,  19 — ,  directed  the  proper  officers  to  present  the  said  drawing  for  the  approval 
of  the  Secretary  of  the  Interior  in  order  that  the  company  may  obtain  the  use  of  the 
grounds  required  for  said  structures,  under  the  provisions  of  said  act  approved  Feb- 
ruary 15,  1901  (31  Stat.,  790). 

President  of  the  —      —  Company. 
[Seal  of  the  company.] 
Attest: 


Secretary. 


FORM  9. 

Reserroir  declaratory  statement. 
[Under  act  of  Jan.  13.  1897  (29  Stat.,  484).] 

RES.  D.  S.I  LAND  OFFICE  AT , 

No. .    /  — ,  19— 

I,  —  — ,  of ,  do  hereby  certify  that  I  am  president  of  the  • 


and  on  behalf  of  said  company,  and  under  its  authority,  do  hereby  apply  for  the  reserva- 
tion of  land  in  —  —  County,  State  of  —  — ,  for  the  construction  and  use  of  a  reser- 
voir for  furnishing  water  for  live  stock  under  the  provisions  of  the  act  of  January  13, 
1897  (29  Stat.,  484).  The  location  of  said  reservoir  and  of  the  land  necessary  for  its 
use,  is  as  follows:  —  —  of  section in  township ,  of  range M.,  contain- 
ing   acres. 


RIGHT    OF    WAY    OVER   PUBLIC    LANDS.  29 

I  hereby  certify  that  to  the  best  of  my  knowledge  and  belief  the  said  land  is  not 
occupied  or  otherwise  claimed,  is  not  mineral  or  otherwise  reserved,  and  that  the 
said  reservoir  is  to  be  used  in  connection  with  the  business  of  the  applicant  of 


The  land  owned  or  claimed  by  the  applicant  within  the  vicinity  of  the  said  reservoir 
(within  three  miles)  is  as  follows:  —  — . 

I  further  certify  that  no  part  of  the  land  to  be  reserved  under  this  application  is  or 
will  be  fenced ;  that  the  same  shall  be  kept  open  to  the  free  use  of  any  person  desiring 
to  water  animals  of  any  kind;  that  the  land  will  not  be  used  for  any  purpose  except 
the  watering  of  stock,  and  that  the  land  is  not,  by  reason  of  its  proximity  to  other  lands 
reserved  for  reservoirs,  excluded  from  reservation  by  the  regulations  and  rulings  of 
the  Land  Department. 

The  water  of  said  reservoir  will  coyer  an  area  of acres,  in  —  —  of  section 

in  township ,  of  range of  said  lands;  the  capacity  of  the  reservoir  will  be 

gallons,  and  the  dam  will  be feet  high.  The  source  of  the  water  for  said  reservoir 


and  there  are  no  streams  or  springs  within  two  miles  of  the  land  to  be  reserved  except 
as  follows:  -  — . 

The  applicant  has  filed  no  other  declaratory  statements  under  this  act  except  as 
follows: 

No. —      —  land  office,  area  to  be  reserved acres. 


No. 
No. 
No. 
No. 
No. 
No. 
No. 
No. 
No. 


land  office,  area  to  be  reserved acres. 

land  office,  area  to  be  reserved acres. 

land  office,  area  to  be  reserved acres. 

land  office,  area  to  be  reserved acres. 

land  office,  area  to  be  reserved acres. 

land  office,  area  to  be  reserved acres. 

land  office,  area  to  be  reserved acres. 

land  office,  area  to  be  reserved acres. 

land  office,  area  to  be  reserved acres. 


Total, acres,,of  which  Nos. are  located  in  said  county. 

And  I  further  certify  that  it  is  the  bonafide  purpose  and  intention  of  this  applicant 
to  construct  and  complete  said  reservoir  and  maintain  the  same  in  accordance  with 
the  provisions  of  said  act  of  Congress  and  such  regulations  as  are  or  may  be  prescribed 
thereunder. 

[Seal  of  company.]  . 

Attest: 


Secretary. 


STATE  OF 


County  of  • 


,  being  duly  sworn,  deposes  and  says  that  the  statements  herein  made 


are  true  to  the  best  of  his  knowledge  and  belief. 


Sworn  to  and  subscribed  before  me  this day  of .  in  the  year  19 — . 

[SEAL.]  — , 

Notary  Public. 

NOTE. — When  the  applicant  is  a  corporation  the  form  should  be  executed  by  its  presi- 
dent, under  its  seal,  and  attested  by  its  secretary.  When  the  applicant  is  not  a  cor- 
poration or  an  association  of  individuals,  strike  out  the  words  in  italics. 


LAND  OFFICE  AT 


-,  19—. 


I, ,  register  of  the  land  office,  do  hereby  certify  that  the  foregoing  appli- 
cation is  for  the  reservation  of  lands  subject  thereto  under  the  provisions  of  the  act  of 
January  13,  1897;  that  there  is  no  prior  valid  adverse  right  to  the* same;  and  that  the 
land  is  not,  by  reason  of  its  proximity  to  other  lands  reserved  for  reservoirs,  excluded 
from  reservation  by  the  regulations  and  rulings  of  the  Land  Department. 

Fees,  $ paid. 

Register. 


30  EIGHT    OF    WAY   OVER   PUBLIC    LANDS. 

The  description  of  the  business  of  the  applicant  shoxild  include  "a  full  and  minute 
statement  of  the  extent  to  which  he  is  engaged  in  breeding,  grazing,  driving,  or  trans- 
porting live  stock,  giving  the  number  and  kinds  of  such  stock,  the  place  where  they  are 
being  bred  or  grazed,  and  whether  within  an  inclosure  or  upon  uninclosed  lands,  and 
also  from  where  and  to  where  they  are  being  driven  or  transported."  Circular  June  23, 
1899. 


FORM  10. 

STATE  OP  , 


County  of 


-,  being  duly  sworn,  says  that  he  is  the  person  who  was  employed  to 

make  the  survey  of  a  reservoir  covering  an  area  of acres,  the  initial  point  of  the 

survey  being  —      —  (here  describe  as  required  by  section  21);  said  reservoir  having 

been  constructed  upon  the quarter  of  the quarter  of  section ,  township 

— ,  range  — — ,  —      —  principal  meridian,  as  proposed  by  reservoir  declaratory  state- 
ment No. ,  which  was  filed  in  the  local  land  office  at  —     • — ,  under  the  provisions 

of  the  act  of  January  13,  1897  (29  Stat.,  484);  that  the  said  survey  was  made  on  the  — 
day  of  —     — ,  19 — ;  that  the  dam  and  all  necessary  works  have  been  constructed  in  a 

substantial  manner;  that  the  reservoir  has  a  capacity  of gallons,  and  at  the  time 

of  said  survey  contained gallons  of  water. 

Sworn  and  subscribed  to  before  me  this day  of ,  19 — . 

[SEAL.] 


FORM  31. 
I, ,  do  certify  that  I  am  the  president  of  the  • 


Notary  Public. 


ipany  which  filed 
No. ,  in  the 


(or  that  I  am  the  person  who  filed)  reservoir  declaratory  statement 

local  land  office  at  —     — ;  that  the  reservoir  proposed  has  been  constructed  upon  the 

—  quarter  of  the quarter  of  section ,  township ,  range ,  —  —  prin- 
cipal meridian,  covering  an  area  of  —  —  acres,  the  initial  point  of  the  survey  being 
(describe  as  in  Form  10);  that  the  dam  and  all  necessary  works  have  been  con- 
structed in  a  substantial  manner  in  good  faith  in  order  that  the  reservoir  may  be  used 
and  maintained  for  the  purposes,  and  in  the  manner  prescribed  by  the  said  act  of  Janu- 
ary 13,  1897  (29  Stat.,  484),  the  provisions  of  which  have  been  and  will  be  complied 
with  in  all  respects. 

[Seal  of  company.]  — , 

President  of  the  Company. 

Attest: 


Secretary. 


FORM  12. 

STATE  OF  , 

County  of  — • — - — ,  ss: 

-,  being  duly  sworn,  deposes  and  says  that  he  is  the  president  of  the 


—  company  which  filed  (or  that  he  is  the  person  who  filed)  reservoir  declaratory 

statement  No. ,  in  the  local  land  office  at  —     — ;  that  the  reservoir  constructed  in 

pursuance  thereof,  as  heretofore  certified,  has  been  kept  in  repair;  that  water  has  been 
kept  therein  to  the  extent  of  not  lese  than —  — gallons  during  the  entire  calendar  year 
of  19 — ;  that  neither  the  reservoir  nor  any  part  of  the  land  reserved  for  use  in  connec- 
tion therewith  is  or  has  been  fenced  during  said  years,  and  that  the  said  company  has  in 
all  things  complied  with  the  provisions  of  the  act  of  January  13,  1897  (29  Stat. ,  484). 


President  of—       —Company. 

Sworn  and  subscribed  to  before  me  this day  of  —     — ,  19 — . 

[SEAL.]  — , 

Notary  Public. 

o 


